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UNIVERSITY OF N.C. AT CHAPEL HILL

00034006575

rUK U5t UJNLY IJN

; I

THE NORTH CAROLINA COLLECTION

Digitized by the Internet Archive

in 2012 with funding from

Ensuring Democracy through Digital Access (NC-LSTA)

http://www.archive.org/details/journalofsenateo1969nort

JOURNAL

THE SENATE

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF NORTH CAROLINA

SESSION 1969

PRINTED BY LITHOGRAPHY AND BOUND IN U.S.A.
BY LITHO INDUSTRIES, INC., RALEIGH, NORTH CAROLINA

OFFICERS AND MEMBERS
OF

THE SENATE OF NORTH CAROLINA

SESSION OF 1969

H. PATRICK TAYLOR, JR., President Wadesboro

N. HECTOR McGEACHY, JR., President Pro Tempore Fayetteville

ROY ROWE, Principal Clerk Burgaw

W. EUGENE SIMMONS, Reading Clerk Tarboro

BROOKS W. POOLE, Sergeant-At-Arms Raleigh

DISTRICT

NAME OF SENATOR

ADDRESS

1 J. J. HARRINGTON Lewiston

GEORGE M. WOOD Camden

2 EDGAR J. GURGANUS Williamston

3 NORRIS C. REED, JR New Bern

4 JULIAN R. ALLSBROOK Roanoke Rapids

VERNON E. WHITE Winterville

5 CHARLES H. LARKINS, JR Kinston

6 ALBERT J. ELLIS Jacksonville

7 EDWARD F. GRIFFIN Louisburg

8 J. MARVIN JOHNSON Smithfield

J. RUSSELL KIRBY Wilson

9 LINDSAY C. WARREN, JR Goldsboro

10 JOHN J. BURNEY, JR Wilmington

STEWART B. WARREN Clinton

11 GORDON P. ALLEN Roxboro

CLAUDE CURRIE Durham

12 J. RUFFIN BAILEY Raleigh

JYLES J. COGGINS Raleigh

13 WILLIAM W. STATON Sanford

14 JOHN T. HENLEY Hope Mills

N. HECTOR McGEACHY, JR Fayetteville

15 SANKEY W. ROBINSON Whiteville

16 FRANK R. PENN Reidsville

17 RALPH H. SCOTT Haw River

18 HARGROVE ( SKIPPER) BOWLES Greensboro

ELTON EDWARDS Greensboro

COOLIDGE MURROW High Point

19 W. D. JAMES Hamlet

WILLIAM P. SAUNDERS Southern Pines

20 HECTOR MacLEAN Lumberton

21 FRED FOLGER, JR Mount Airy

22 HARRY BAGNAL Winston-Salem

GERALDINE R. NIELSON Winston-Salem

23 ODELL SAPP Salisbury

24 JOHN R. BOGER, JR Concord

FRANK N. PATTERSON, JR Albemarle

25 THOMAS RHUDY BRYAN, SR Wilkesboro

26 NORMAN H. JOYNER Troutman

J. REID POOVEY Hickory

27 MARTHA W. EVANS Charlotte

CHARLES K. MAXWELL Huntersville

HERMAN A. MOORE Charlotte

28 DAVID T. FLAHERTY Lenoir

29 MARSHALL A. RAUCH Gastonia

JACK H. WHITE Kings Mountain

30 CLYDE M. NORTON Old Fort

31 BRUCE B. BRIGGS Mars Hill

R. T. DENT Spruce Pine

32 CARROLL W. WILKIE Fletcher

33 HERMAN H. WEST Murphy

SENATE JOURNAL

SESSION 1969

FIRST DAY

Senate Chamber,
Wednesday, January 15, 1969.

In accordance with law, at the hour of 12m, the Senate of the General
Assembly of North Carolina assembles this day in the Senate Chamber in
the City of Raleigh.

The Honorable H. Patrick Taylor, Jr., Lieutenant Governor, calls the
Senate to order.

The following prayer is offered by the Reverend George E. Simmons,
Pastor of the First Baptist Church, Hillsborough, North Carolina:

Almighty God, our Heavenly Father: We stand with bowed heads and
reverent hearts to acknowledge Thee as our God. Grateful are we for the
blessings of the past. Sincerely desirous are we of Thy continued blessings.

We are grateful for these who have offered themselves, with their varied
talents and abilities, to serve in the Senate of this General Assembly of
our State.

We thank Thee for the presiding officer of this body. We thank Thee
for his life, his ability and dedication to good government. Be with him as
he presides over this body in his usual kind, impartial and efficient manner.
May Thy spirit guide him and Thy blessings be upon him.

We thank Thee for the members of this body, for their willingness to
serve Thee in this branch of our government. Grant unto each of them
wisdom, integrity, fidelity and courage as they fulfill the responsibilities
of their office to Thee and to the people of our State.

We pray, our Father, not only for the officers and members of this group
but for all the people of the great State of North Carolina. Grant that we
may fulfill our responsibilities of citizenship. Grant that in this new year
we may have the blessings of Peace, Progress and Prosperity.

This our prayer we make in the name of Jesus Christ Our Lord. Amen.

The roll of the Senate is called and the following Senators-elect appear
with the proper certificates of election and take and subscribe to the follow-
ing oath of office, which is administered by Chief Justice R. Hunt Parker
of the North Carolina Supreme Court:

"I solemnly swear or affirm that I will support the Constitution and laws
of the United States, and I do solemnly and sincerely swear or affirm that
I will be faithful and bear true allegiance to the State of North Carolina,
and to the constitutional powers and authorities which are or may be
established for the government thereof; and that I will endeavor to support,
maintain, and defend the Constitution of said State, not inconsistent with
the Constitution of the United States to the best of my knowledge and

6 SENATE JOURNAL [Session

ability; and I do solemnly and sincerely swear or affirm that I will faith-
fully discharge my duties as a member of the Senate of the 1969 General
Assembly of the State of North Carolina to the best of my skill and ability,
according to law, so help me, God."

To which oath each of the following Senators answer, "I do."

First District — J. J. Harrington and George M. Wood

Second District — Edgar J. Gurganus

Third District — Norris C. Reed, Jr.

Fourth District — Julian R. Allsbrook and Vernon E. White

Fifth District — Charles H. Larkins, Jr.

Sixth District — Albert J. Ellis

Seventh District — Edward F. Griffin

Eighth District — J. Marvin Johnson and J. Russell Kirby

Ninth District — Lindsay C. Warren, Jr.

Tenth District — Stewart B. Warren

Eleventh District — Gordon P. Allen and Claude Currie

Twelfth District — J. Ruffin Bailey and Jyles J. Coggins

Thirteenth District — William W. Staton

Fourteenth District — John T. Henley and N. Hector McGeachy, Jr.

Fifteenth District — Sankey W. Robinson

Sixteenth District — Frank R. Penn

Seventeenth District — Ralph H. Scott

Eighteenth District — Hargrove (Skipper) Bowles, Elton Edwards and
Coolidge Murrow

Nineteenth District — W. D. James and William P. Saunders

Twentieth District — Hector MacLean

Twenty-first District — Fred Folger, Jr.

Twenty-second District — Harry Bagnal and Geraldine R. Nielson

Twenty-third District— Ode\l Sapp

Twenty-fourth District — John R. Boger, Jr. and Frank N. Patterson, Jr.

Twenty-fifth District — Thomas Rhudy Bryan, Sr.

Twenty-sixth District — Norman H. Joyner and J. Reid Poovey

Twenty -seventh District — Martha W. Evans, Charles K. Maxwell and
Herman A. Moore

Twenty-eighth District — David T. Flaherty

Twenty-ninth District — Marshall A. Rauch and Jack H. White

Thirtieth District — Clyde M. Norton

Thirty-first District — Bruce B. Briggs and R. T. Dent

Thirty-second District — Carroll W. Wilkie

Thirty-third District — Herman H. West

The President announces that the oath of office was administered to
Senator John J. Burney, Jr. of the Tenth District in Wilmington this morn-
ing by the Honorable Elbert S. Peel, Jr., Judge of the Second District Court.

The President announces that a quorum of all Senators is present, and
that the Senate is ready to proceed with the election of officers.

ELECTION OF OFFICERS

For President Pro Tempore of the Senate, Senator L. Warren of Wayne
places in nomination Senator N. Hector McGeachy, Jr. of Cumberland
County.

1969] SENATE JOURNAL 7

Senators Bagnal, Henley, Wood and Norton second the nomination.

There being no further nominations, the roll of the Senate is called.

Those voting for Senator McGeachy are: Senators Allen, Allsbrook,
Bagnal, Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Ed-
wards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, Moore, Murrow,
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp,
Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Senator McGeachy votes "present".

Senator McGeachy having received the unanimous vote of the Senators
is declared duly elected.

The President appoints Senators Henley and Scott to escort President
Pro Tempore McGeachy to the well of the Senate, where he is administered
the prescribed oath of office by Chief Justice R. Hunt Parker of the North
Carolina Supreme Court.

For Principal Clerk of the Senate, Senator S. Warren of Sampson places
in nomination the name of Roy Rowe of Pender County.

Senators Flaherty and MacLean second the nomination.

There being no further nominations, the roll of the Senate is called.

Those voting for Mr. Rowe are: Senators Allen, Allsbrook, Bagnal, Bailey,
Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans,
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson,
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow,
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp,
Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Mr. Rowe having received the unanimous vote of the Senators is de-
clared duly elected and he takes the prescribed oath of office, which is
administered by Associate Justice J. Frank Huskins of the North Carolina
Supreme Court.

For Reading Clerk of the Senate, Senator Bailey places in nomination
W. Eugene Simmons of Edgecombe County.

Senators Nielson and Ellis second the nomination.

There being no further nominations, the roll of the Senate is called.

Those voting for Mr. Simmons are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans,
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson,
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow,
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp,
Saunders, Scott, Station, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Mr. Simmons having received the unanimous vote of the Senators is de-
clared duly elected and he takes the prescribed oath of office, which is
administered by Associate Justice I. Beverly Lake of the North Carolina
Supreme Court.

For Sergeant-at-Arms of the Senate, Senator Bailey places in nomination
Brooks W. Poole of Wake County.

8 SENATE JOURNAL [Session

Senator Briggs seconds the nomination.

There being no further nominations, the roll of the Senate is called.

Those voting for Mr. Poole are: Senators Allen, Allsbrook, Bagnal, Bailey,
Boger, Bowles, Briggs, Coggins, Currie, Dent, Edwards, Ellis, Evans,
Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson,
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow,
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp,
Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne, West,
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Mr. Poole having received the unanimous vote of the Senators is declared
duly elected, and he takes the prescribed oath of office, which is administered
by Associate Justice I. Beverly Lake of the North Carolina Supreme Court.

A message is ordered sent to the House of Representatives informing
that Honorable Body that the Senate is organized and ready to proceed
with public business.

Senator Briggs announces that the Republican caucus has elected Senator
Bagnal of Forsyth County as the Minority Party leader.

Upon motion of Senator McGeachy, the Rules of the 1967 Senate of the
General Assembly are unanimously adopted as the temporary rules of the
1969 Session.

APPOINTMENT OF COMMITTEE

The President announces the appointment of the following standing com-
mittee :

Committee on Rules: Senators McGeachy, Chairman; Moore, Vice Chair-
man; Dent, Vice Chairman; Bagnal, Bailey, Burney, Edwards, Ellis, Norton,
J. White of Cleveland.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator McGeachy: S. J. R. 1, a joint resolution relative to the
inauguration of the Honorable Robert W. Scott as Governor of North Caro-
lina; and informing His Excellency, Governor Robert W. Scott, that the
General Assembly is organized and ready to proceed with public business
and inviting the Governor to address a Joint Session of the Senate and
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969.

Upon motion of Senator McGeachy, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives, by special messenger.

By Senators Bowles, L. Warren of Wayne, Rauch and Scott: S. B. 2, a
bill to establish a system of youth councils that will provide the youth of
North Carolina an opportunity to develop leadership skills and become
responsible citizens.

Referred to Committee on Rules, pending appointment of committees.

1969] SENATE JOURNAL 9

By Senator Johnson: S. B. 3, a bill amending Chapter 151 of the General
Statutes so as to authorize constables to serve criminal and civil process,
and authorizing county commissioners to fix the salaries of constables.

Referred to Committee on Local Government.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following special message is received from the House of Representa-
tives :

January 15, 1969
Mr. President :

It is ordered that a message be sent to the Senate informing that Honor-
able Body that the House of Representatives is organized and is now
ready to proceed with the public business, and for your information advises
that the following officers have been elected :

Speaker Earl W. Vaughn

Principal Clerk Jo Ann Smith

Reading Clerk Sam J. Burrow, Jr.

Sergeant-at-Arms Archie T. Lane

Respectfully,

Jo Ann Smith, Principal Clerk

The President grants leave of absence to Senator Burney for today and
to Senator Currie for tomorrow, January 16, 1969.

The President extends the courtesies of the galleries to the Honorable
Dan K. Moore, former Governor of North Carolina, and to former Senator
Thomas J. White of Lenoir County.

The President extends the courtesies of the floor to former Senators
Gilmore of Moore County, Bridgers of Edgecombe County, Hightower of
Anson County and Humber of Pitt County.

Upon motion of Senator Allsbrook, the President extends the courtesies
of the floor to the Honorable John D. Larkins, United States District Judge
for the Eastern District of North Carolina and uncle of Senator Charles H.
Larkins, Jr. of Lenoir County.

Upon motion of Senator McGeachy, the President extends the courtesies
of the floor to Mrs. H. Patrick Taylor, Jr.

The President extends the courtesies of the floor to the following dis-
tinguished guests from Anson County: the Honorable A. Paul Kitchin,
former member of Congress, and Mrs. Kitchin; Miss Jane Pratt, first
woman member of Congress from North Carolina; Mr. Linn D. Garibaldi,
former Chairman of the North Carolina Prison Commission; the Honorable
T. Lamar Caudle, former United States Assistant Attorney General; the
Honorable Hal Little, former member of the House of Representatives;
Sheriff Edward Jarman; Miss Hazel Tice, Register of Deeds; Mr. F. J.
Cloud, Jr., Chairman, Board of County Commissioners; the Honorable R. E.
Little, Mayor of Wadesboro; Mr. O'Neill Jones; and Mr. Herman Hardison.

Upon motion of Senator Allsbrook, the Senate adjourns in honor of the
memory of the late beloved S. Ray Byerly of Lee County, Principal Clerk
of the Senate from 1937 through 1967, to meet tomorrow at 12 M.

10 SENATE JOURNAL [Session

SECOND DAY

Senate Chamber,
Thursday, January 16, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western
Boulevard Presbyterian Church, Raleigh.

Senator McGeachy for the Committee on Rules announces that the
Journal of yesterday has been examined and found to be correct, and upon
his motion the reading of the Journal is dispensed with and it stands ap-
proved as written.

The President grants leave of absence to Senator Saunders for today,
January 16, and to Senator Harrington for today and tomorrow, January
16 and 17.

The President grants leave of absence to Senators Gurganus, Staton and
Griffin for tomorrow, January 17, 1969.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator McGeachy: S. R. 4, a resolution to allocate funds for certain
telephone and postage requirements for members of the Senate.

Referred to Committee on Rules.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and dis-
posed of as follows:

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her
outstanding service as executive director of the North Carolina Mental
Health Association.

Referred to Committee on Rules.

special message from the house of representatives

House of Representatives,
Thursday, January 16, 1969.
Mr. President:

It is ordered that a message be sent to your Honorable Body with the
information that pursuant to S. J. R. 1, "a joint resolution relative to the
inauguration of the Honorable Robert W. Scott as Governor of North Caro-
lina; and informing His Excellency, Governor Robert W. Scott, that the
General Assembly is organized and ready to proceed with public business
and inviting the Governor to address a Joint Session of the Senate and
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969", the
Speaker has appointed on the part of the House of Representatives to

1969] SENATE JOURNAL 11

serve with a like Committee of the Senate, Representatives Baugh, Bum-
gardner and Fenner.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator Allsbrook, the Senate adjourns in honor of the
memory of the Honorable T. Clarence Stone, former member of the Senate
and presiding officer of the Senate in the 1963 Session of the General As-
sembly, to meet tomorrow morning at 10 o'clock.

THIRD DAY

Senate Chamber,
Friday, January 17, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutentant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Pastor, Western
Boulevard Presbyterian Church, Raleigh.

Senator Moore for the Committee on Rules announces that the Journal
of yesterday has been examined and found to be correct, and upon his
motion the reading of the Journal is dispensed with and it stands approved
as written.

Senator McGeachy announces that the proposed rules for the 1969 Session
have been placed on each member's desk and that these will be taken up
for consideration at the session of Tuesday, January 21, 1969.

The President grants leave of absence to Senator White of Cleveland for
today, and to Senators Bagnal and Murrow for Monday, January 20, 1969.

Upon motion of Senator Bowles, the President extends the courtesies of
the galleries to Mayor Pro Tempore Forest Campbell of Greensboro.

The President appoints Senators Penn, Allsbrook, Bowles, Currie and
Scott to represent the Senate; and Mr. W. Eugene Simmons, Reading
Clerk, to represent the Senate staff at the funeral of the Honorable T.
Clarence Stone, former President of the Senate.

The President appoints Senators Evans, Rauch and White of Cleveland
to represent the Senate at the funeral of Mrs. 0. Max Gardner.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Bailey: S. B. 5, a bill to make certain technical and clarifying
amendments to General Statutes Chapter 9, "Jurors".

Referred to Committee on Courts and Judicial Districts.

By Senator Flaherty: S. B. 6, a bill to amend Section 7 of Chapter 413
of 1963 Session Laws, relating to the town of Morganton Board of Alcoholic
Beverage Control, so as to increase the share of net profits allocable to
finding alcoholism causes and cures and to broaden scope of activities
authorized therefor and for other purposes.

12 SENATE JOURNAL [Session

Referred to Committee on Alcoholic Beverage Control.

By Senator Edwards: S. B. 7, a bill to protect children through licensing
of day-care facilities and other limited regulation.

Referred to Committee on Rules (pending re-referral).

By Senator McGeachy: S. J. R. 8, a joint resolution authorizing an
official delegation to represent the General Assembly at the funeral of the
Honorable T. Clarence Stone.

Upon motion of Senator McGeachy, the rules are suspended and the bill
is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House
of Representatives by special messenger.

Upon motion of Senator West, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8 o'clock.

FOURTH DAY

Senate Chamber,
Saturday, January 18, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore
N. Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator
Coggins to the Chair, who calls the Senate to order and presides during
the Session.

Prayer is offered by Senator Coggins.

Senator Coggins for the Committee on Rules announces that the Journal
of yesterday has been examined and found to be correct, and upon his
motion the reading of the Journal is dispensed with and it stands ap-
proved as written.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

FIFTH DAY

Senate Chamber,
Monday, January 20, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend W. W. Finlator, Pastor of Pullen
Memorial Baptist Church, Raleigh.

Senator Wood announces that the Journal of Saturday has been examined
and found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

The President grants leave of absence to Senators Allen and Scott for
tonight and to Senator Harrington for tonight and for tomorrow.

1969] SENATE JOURNAL 13

The President grants leave of absence to Senator Staton for tomorrow,
January 21, 1969.

The President grants leave of absence for the entire week — January 20
through January 25 — to Senator Bryan who is confined to Wilkes General
Hospital, North Wilkesboro, with pneumonia.

The President extends the courtesies of the galleries to Attorney General
Robert B. Morgan and members of his staff.

Upon motion of Senator Bailey, the President extends the courtesies of
the galleries to Girl Scout Troop No. 283 of Aldert Root School, Raleigh.

Pursuant to Joint Resolution 1, the President of the Senate appoints
Senator Burney of New Hanover and Senator Henley of Cumberland to
notify His Excellency, Robert W. Scott, Governor, that the Senate is
organized and to invite him to address a Joint Session pursuant to the
resolution.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Appropriations: Senators L. Warren of Wayne, Chairman:
Allen, Allsbrook, Bagnal, Bailey, Boger, Burney, Coggins, Dent, Edwards,
Flaherty, Folger, Gurganus, Harrington, Henley, James, Larkins, MacLean,
Moore, Murrow, Norton, Poovey, Rauch, Reed, Robinson, Sapp, Saunders,
West, V. White of Pitt.

Committee on Finance: Senators Scott, Chairman; J. White of Cleveland,
Vice-Chairman; Bowles, Vice-Chairman; Briggs, Bryan, Currie, Ellis, Evans,
Griffin, Johnson, Joyner, Kirby, McGeachy, Maxwell, Nielson, Patterson,
Penn, Staton, S. Warren of Sampson, Wilkie, Wood.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. J. R. 1, a joint resolution relative to the inauguration of the Honorable
Robert W. Scott as Governor of North Carolina; and informing His Ex-
cellency, Governor Robert W. Scott, that the General Assembly is organized
and ready to proceed with public business and inviting the Governor to
address a Joint Session of the Senate and House of Representatives at
12:30 p.m., Wednesday, January 22, 1969.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Flaherty: S. B. 9, a bill to repeal Chapter 338 of the Session
Laws of 1963 relating to the boundary lines of the Lenoir School Admini-
strative Unit.

Referred to Committee on Local Government.

By Senator Bowles: S. J. R. 10, a joint resolution congratulating the
Greensboro, North Carolina Jaycees.

14 SENATE JOURNAL [Session

Upon motion of Senator Bowles, the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House
of Representatives by special messenger.

By Senators Evans, Rauch and J. White of Cleveland: S. J. R. 11, a
joint resolution honoring the memory of an active and gracious lady,
Mrs. 0. Max Gardner.

Upon motion of Senator Evans, the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

By Senators Nielson, Bagnal and Briggs: S. R. 12, a Senate resolution
to revise Senate Rule 40.

Referred to Committee on Rules.

By Senators Bowles and Rauch: S. B. 13, a bill to amend General Statutes
163-147 so as to prohibit electioneering within 500 yards of a voting place.

Referred to Committee on Election Laws.

Upon motion of Senator Burney, the Senate adjourns to meet tomorrow
at 12:00 M.

SIXTH DAY

Senate Chamber,
Tuesday, January 21, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Right Reverend Thomas A. Fraser, Bishop of
the Episcopal Diocese of North Carolina.

Senator Dent for the Committee on Rules announces that the Journal
of yesterday has been examined and found to be correct, and upon his
motion the reading of the Journal is dispensed with and it stands approved
as written.

The President extends the courtesies of the galleries to Mrs. Ann Bagnal,
wife of Senator Bagnal.

Upon motion of Senator Currie, the courtesies of the galleries are ex-
tended to the fifth grade of Hoke Elementary School, Durham.

The President extends the courtesies of the floor to the Honorable Thad
Eure, Secretary of State.

Senator McGeachy for the Committee on Rules submits the following
report:

Senate Rules, Session 1969

Order of Business

Rule 1. Rules controlling the Senate of North Carolina and its commit-
tees.— The following rules shall govern and control all actions and pro-
cedures of the Senate and its committees.

1969] SENATE JOURNAL 15

Rule 2. Convening hour. — The President shall take the chair, at the
hour fixed by the Senate upon adjournment on the preceding legislative
day, and shall call the members to order. In case the Senate adjourned
on the preceding legislative day without having fixed the hour of reconven-
ing, the Senate shall reconvene on the next legislative day at 12:00 noon.

Rule 3. Opening the session — The President shall, upon order being
obtained, have the sessions of the Senate opened with prayer.

Rule 4. Convening in absence of President. — In the absence of the
President, the President pro tempore shall reconvene the Senate and pre-
side, and during such time shall be vested with all powers of the President
except that of casting a vote in case of tie when he shall have voted as a
Senator. And in the event of the absence of the President and President
pro tempore at any time fixed for the reconvening of the Senate, the
Principal Clerk of the Senate, or in his absence also, some member of the
Senate Committee on Rules, shall call the Senate to order and designate
some member to act as President.

Rule 5. — Quorum. — (a) A quorum consists of a majority of all the quali-
fied members of the Senate.

(b) When a lesser number than a quorum convene, the Senators present
may send the doorkeeper or any person, for any or all absent Senators,
as a majority of the Senators present determine.

Rule 6. Approval of Journal. — After the prayer, and upon appearance
of a quorum, the President shall cause the Journal of the preceding day
to be read and approved, unless the Chairman of the Committee on Rules
or some member of the Senate by motion sustained by a majority of the
members present, have the reading thereof dispensed with and the same
approved as written.

Rule 7. Order of Business. — After approval of the Journal, the order of
business shall be as follows:

(1) Reports of standing committees.

(2) Reports of select committees.

(3) Introduction of bills, petitions, and resolutions.

(4) Messages from the House of Representatives.

(5) Unfinished business of preceding day.

(6) Special orders.

(7) General Orders — First, local bills on third reading roll call, then
local bills on second reading roll call. After that the viva voce second
reading local calendar in numerical order, taking up the Senate bills in
first order. After disposition of the local calendar, the public calendar of
bills will be considered in the same order, that is:

(a) Third reading roll call bills.

(b) Second reading roll call bills.

But messages from the Governor and House of Representatives and
communications and reports from State officers and reports from the Com-
mittee on Rules may be received and acted on under any order of business.

16 SENATE JOURNAL [Session

Conduct of Debate

Rule 8. President to maintain order. — The President shall have general
direction of the Hall of the Senate and shall be authorized to take such
action as is necessary to maintain order, and in case of any disturbance or
disorderly conduct in the galleries or lobbies, he shall have the power to
order the same cleared.

Rule 9. Substitution for president. — The President shall have the right
to call on any member to perform the duties of the Chair, but substitution
shall not extend beyond one day.

Rule 10. Points of order. — (a) The President shall preserve order and
decorum and proceed with the business of the Senate according to the
rules adopted. He shall decide all questions of order, subject to an appeal
to the Senate by any member, on which appeal no member shall speak
more than once unless by leave of the Senate. A two-thirds vote of the
members present is necessary to sustain any appeal from the ruling of
the Chair.

(b) In the event the Senate Rules do not provide for, or cover any point
of order raised by any Senator, the rules of the United States House of
Representatives shall govern.

(c) When a Senator is called to order he shall take his seat until the
President determines whether he was in order or not; if decided to be out
of order, he shall not proceed without the permission of the Senate; and
every question of order shall be decided by the President, subject to an
appeal to the Senate by any Senator; and if a Senator is called to order
for words spoken, the words excepted to shall be immediately taken down
in writing, that the President or Senate may be better able to judge of
the matter.

Rule 11. Debating and voting by Lieutenant Governor. — The Lieutenant
Governor, as President of the Senate, being a Constitutional Officer shall
not have the right to debate any question or to address the Senate upon
any proposition unless by permission of the majority of members present,
and shall have the right to vote only when there is a tie vote upon any
question or election.

Rule 12. Obtaining recognition. — (a) When any Senator is about to
speak in debate or deliver any matter to the Senate, he shall rise from his
seat and respectfully address the President. No member shall speak until
recognized by the President, and when two or more members rise at the
same time, the President shall name the member to speak.

(b) A Senator who has the floor may yield the floor to another Senator
only for the purpose of allowing another Senator to state a question. Only
the Chair may award the floor to any Senator for the purposes of allowing
that Senator to engage in general debate.

Rule 13. Recognition for extending courtesies. — Courtesies of the floor
and galleries shall be extended only by the President on his own motion or
upon the written request of a member of the Senate to former members of
the General Assembly or to visiting distinguished visitors.

Members may designate Honorary Pages by a statement delivered to
the Principal Clerk who will have a certificate issued therefor.

1969] SENATE JOURNAL 17

The President may upon written request at intervals between various
orders of business extend courtesies to schools or other special large groups
visiting in the galleries while they are present, and the President shall, at
such times as he deems appropriate, express to those visitors in the
galleries the pleasure of the Senate for their presence.

Rule 14. Limitations on individual debate. — (a) No Senator shall speak
or debate more than three times nor longer than forty-five minutes on the
same day on the same subject without leave of the Senate.

(b) By permission of the President any member of the Senate may
address the Senate from the lectern located on the floor before the dais
for the purpose of explaining a bill or resolution, stating a point of personal
privilege or for the purpose of debate.

Rule 15. Priority of business. — All questions relating to priority of
business shall be decided without debate.

Rule 16. Reading of papers. — When the reading of a paper, other than
a petition, is called for, and any Senator objects to the reading, the ques-
tion shall be determined by the Senate without debate.

Rule 17. General decorum.— (a) Senators and visitors shall uncover
their heads upon entering the Senate Chamber while the Senate is in
session and shall continue uncovered during their continuance in the
Chamber, unless one's religion requires their heads to be covered.

(b) No remark reflecting personally upon the action of any Senator
shall be in order upon the floor of the Senate unless preceded by a motion
or resolution of censure.

(c) When the President is putting a question, or a division by counting
is in progress, no Senator shall walk out of or across the Chamber, nor
when a Senator is speaking, pass between him and the President.

(d) When a motion to adjourn or for recess is affirmatively determined,
no member or officer shall leave his place until adjournment or recess is
declared by the President.

(e) Smoking shall not be allowed on the floor or galleries of the Senate
during Sessions.

Motions

Rule 18. Motions generally. — All motions shall be reduced to writing, if
desired by the President or a Senator, delivered at the table, and read by
the President or Reading Clerk before the same are debated; but any
motion may be withdrawn by the introducer at any time before decision
or amendment.

Rule 19. Motions. — Order of precedence. — When a question is before
the Senate no motion shall be received except those herein specified, which
motions shall have precedence as follows, viz:

(1) To adjourn.

(2) To lay on the table.

(3) For the previous question.

(4) To postpone indefinitely.

(5) To postpone to a certain day.

18 SENATE JOURNAL [Session

(6) To commit to a standing committee.

(7) To commit to a select committee.

(8) To amend.

(9) To substitute.

Rule 20. Motions to adjourn and to lay on the table. — The motions to
adjourn and to lay on the table shall be decided without debate, and the
motion to adjourn shall always be in order when made by a Senator
entitled to the floor.

Rule 21. Motions to postpone to certain day and to commit. — The re-
spective motions to postpone to a certain day, or to commit to a standing
or select committee, shall preclude debate on the main question.

Rule 22. Action when previous question pending. — When a motion for
the previous question is made and is pending, debate shall cease. After a
motion for the previous question is made, pending a second thereto, any
member may give notice that he desires to offer an amendment to the bill
or other matter under consideration; and after the previous question is
seconded such member shall be entitled to offer his amendment in pursuance
of such notice.

Rule 23. Motion for previous question. — The previous question shall be
as follows: "Shall the main question be now put?" and until it is decided
shall preclude all amendments and debate. If this question is decided in
the affirmative, the "main question" shall be on the passage of the bill,
resolution, or other matter under consideration; but when amendments are
pending, the question shall be taken upon such amendments in their inverse
order, without further debate or amendment: Provided, that no one shall
move the previous question except the member submitting the report on
the bill or other matter under consideration, and the member introducing
the bill or other matter under consideration or the member in charge of
the measure, who shall be designated by the chairman of the committee
reporting the same in the Senate at the time the bill or other matter under
consideration is reported to the Senate or taken up for consideration.

Rule 24. Motion to reconsider. — When a question has been put and
decided, any Senator who voted in the majority may move to reconsidera-
tion thereof; but no motion for the reconsideration of any vote shall be in
order after the bill, resolution, message, report, amendment, or motion
upon which the vote was taken has gone out of the possession of the
Senate; nor shall any motion for reconsideration be in order unless made
on the same day or in the next following legislative day on which the
vote proposed to be reconsidered took place, unless the motion is made by
the Committee on Rules for verbal or grammatical errors in the bills, when
the motion may be made at any time: Provided, that when the next legisla-
tive day has by motion of the Senate, been restricted as to matters which
may be considered, a motion to reconsider shall be in order on the next
succeeding day upon which regular business is conducted. No question shall
be reconsidered more than once.

Voting

Rule 25. Putting question; division. — All questions for a vote shall be
put as follows: "Those in favor say 'Aye', and after the affirmative vote is

1969] SENATE JOURNAL 19

expressed — "Opposed 'No'." After which the President will announce the
result. If a division on any vote is desired, it must be called for immediately
before the result of the voting is announced on any question, and upon
such call, the President shall require the members to stand and be counted
for and against any proposition under consideration.

Rule 26. Voting by ayes and noes. — The ayes and noes may be called
for on any question before the vote is taken, and if the call is sustained
by one-fifth of the Senators present, the roll of the Senate shall be called
and the ayes and noes taken, and the same shall be entered upon the
Journal. If a Senator desires the ayes and noes recorded on any question,
he shall address the Chair and obtain recognition and say, "Upon that vote
or question I call for the ayes and noes." Whereupon the President shall
say, "Is the call sustained?" If one-fifth of the members present then stand
the roll is called and the ayes and noes recorded. If less than one-fifth
present stand, the Chair announces, "An insufficient number up" and a viva
voce vote is then taken.

Rule 27. Dividing question. — If any question contains several distinct
propositions, it shall be divided by the President, at the request of any
Senator, provided each subdivision, if left to itself, forms a substantive
proposition.

Rule 28. Duty to vote. — Every Senator who is within the bar of the
Senate when the question is stated by the chair shall vote thereon, unless
he is excused by the Senate or unless he is directly interested in the ques-
tion; and the bar of the Senate shall include the entire Senate chamber.

Rule 29. Excused from voting. — Any Senator requesting to be excused
from voting may make, either immediately before or after the vote has
been called for and before the result has been announced, a brief statement
of the reasons for making such request, and the question shall then be
taken without debate.

Rule 30. Explanation of vote.- — Any Senator may explain his vote on
any bill pending by obtaining permission of the President before the vote
is put: Provided, that not more than three minutes shall be consumed in
such explanation.

Committees

Rule 31. Appointment of Committees. — The President of the Senate,
unless he has by law disqualified himself from that office, shall have the
exclusive right and authority to appoint all committees, regular or select,
and to appoint Committee Chairmen and Vice-Chairmen, and he is specifi-
cally authorized to appoint four Chairmen of four Subcommittees of the
Committee on Appropriations; but he may delegate said authority in any
instance, as he may choose. Upon the recommendation of the Committee
on Rules the Senate may authorize additional standing committees.

Rule 32. List of standing committees. — The standing committees shall
be:

1. Agriculture

2. Alcoholic Beverage Control

20 SENATE JOURNAL [Session

3. Appropriations, consisting of four subcommittees:

(a) Appropriations subcommittee on Health, Welfare and Institu-
tional Care.

(b) Appropriations subcommittee on Education.

(d) Appropriations subcommittee on Personnel and Long-range Plan-
ning.

4. Banking

5. Constitution

6. Conservation and Development

7. Correctional Institutions and Law Enforcement

8. Courts and Judicial Districts

9. Education

10. Election Laws

11. Finance

12. Higher Education

13. Highway Safety

14. Insurance

15. Judiciary No. 1

16. Judiciary No. 2

17. Libraries

18. Local Government

19. Manufacturing, Labor and Commerce

20. Mental Health

21. Personnel and Employment Programs

22. Public Health

23. Public Roads

24. Public Utilities

25. Public Welfare

26. Rules

27. State Government

28. University Trustees

29. Veterans and Military Affairs

30. Wildlife

Rule 33. Notice of Committee meetings. — Public notice of all committee
meetings shall be given in the Senate. The required notice may be waived
as to any meeting by the attendance at that meeting of all the members of
committee, or by personal waiver.

Rule 34. Membership of committees; quorum. — Membership on standing
committees shall consist of not more than fifteen or less than eight Sena-
tors, including the Chairman and Vice Chairman who shall be designated
by the President: Provided the committee membership on the Committee
on Appropriations and the Committee on Finance shall not be limited as to

1969] SENATE JOURNAL 21

membership but shall be left to the discretion of the President. No Senator
shall hold membership on more than seven standing committees unless the
Committee on Rules provides otherwise. A quorum of any committee shall
consist of a majority of the committee.

Rule 35. Roll Call vote in committee. — No roll call vote may be taken
in any committee.

Rule 36. Committee Meetings. — No committee or subcommittee shall
hold a secret meeting, and all meetings of committees and subcommittees
shall be open to the public: Provided, that any committee or subcommittee
has the inherent right to hold an executive session when it determines that
it is absolutely necessary to have such a session in order to prevent personal
embarrassment, or when it is in the best interest of the State; and in no
event shall final action be taken by any committee or subcommittee except
in open session.

Handling Bills

Rule 37. Construction of rules. — All provisions of these rules applying
to bills shall apply also to resolutions, memorials and petitions.

Rule 38. Introduction of bills. — (a) Bills submitted for introduction shall
be in the form prescribed by the Committee on Rules. When a bill which is
introduced is not in the prescribed form, the Principal Clerk shall cause
the bill to be retyped in the prescribed form, and the retyped copy shall be-
come the official copy of the bill for all purposes. The original bill shall
then be returned to the introducer of the bill and shall not become a part
of the records or documents of the Senate.

(b) Whenever a bill is introduced, twenty copies shall be submitted to
the Principal Clerk. Any bill submitted without the required number of
copies shall be immediately returned to the introducer.

Rule 39. Presenting papers to Senate. — Every bill, presented to the
Senate shall contain on the outside cover the title of the document and the
name of the Senator or Senators presenting it. All bills shall be delivered
to the Principal Clerk who shall hand them to the President to be re-
ferred. The President shall announce the titles and references of the
documents, and this information shall be entered on the Journal.

Rule 40. Deadline on introduction of certain bills. — All bills prepared
to be introduced by departments, agencies or institutions of the State must
be introduced in the Senate not later than March 22 of the session. All
local bills must be introduced not later than March 15 of the session.

Rule 41. References of appropriations and finance bills. — All bills in-
troduced in the Senate providing for appropriations from the State, or any
subdivision thereof, shall, before being considered by the Senate be referred
to the Committee on Appropriations, and bills referred to other committees
carrying any such provisions shall be re-referred to the Senate as being
bills to be considered by the Appropriations Committee before proper action
may be taken by the Senate. All bills introduced in the Senate providing for
bond issues, levying taxes, or in any manner affecting the taxing power of
the State or any subdivision thereof, shall before being considered by the
Senate, be referred to the Committee on Finance, and bills referred to other

22 SENATE JOURNAL [Session

committees carrying any such provisions shall be re-referred to the Senate
as being bills to be considered by the Finance Committee before proper
action may be taken by the Senate.

Rule 42. First reading: reference to committee. — All bills shall be read
by their titles, which reading shall constitute the first reading of the bills,
and unless otherwise disposed of shall be referred to the proper committee.

Rule 43. Bills to receive three readings. — Every bill shall receive three
readings previous to being passed, and the President shall give notice at
each whether it be the first, second, or third. After the first reading, unless
a motion is made by some Senator, the President shall refer the bill to an
appropriate committee. No bill shall be amended upon the floor of the
Senate until it has been twice read.

Rule 44. Reports of Committees. — Every Senator presenting a report
of a committee shall endorse the report with the name of the committee
and, in case of a minority report, with the names of the members making
the report. The report of the committee shall show that a majority of the
committee were present and voted. Every report of the committee upon a
bill or resolution shall stand upon the general orders with the bill or
resolution.

Rule 45. Unfavorable report by committee. — (a) All bills reported un-
favorably by the committee to which they were referred, and having no
minority report, shall lie upon the table, but may be taken from the table,
and placed upon the calendar by a two-thirds vote of those present and
voting.

(b) When a bill is reported by a committee with an unfavorable report,
but accompanied by a minority report, signed by at least three members
of the committee who were present and who voted on the bill when the bill
was considered in committee, then the minority report shall be placed on
the calendar and considered the following day, and the question before
the Senate shall be "the adoption of the Minority Report" and if failing
to be adopted by a majority vote, the bill shall be placed upon the un-
favorable calendar.

Rule 46. Recall of bill from committee. — When a bill has been intro-
duced and referred to a committee, if after ten days the committee has
failed to report thereon, then the author of the bill may, after three days'
public notice given in the Senate, on motion supported by a vote of two-
thirds of the Senators present and voting, recall the bill from the committee
to the floor of the Senate for consideration and such action thereon as a
majority of the Senators present may direct.

Rule 47. Calendar; order to be followed. — The President and the Prin-
cipal Clerk of the Senate shall see that all bills are acted upon by the
Senate in the order in which they stand upon the calendar, unless otherwise
ordered as hereinafter provided. The published calendar shall include all
bills reported favorably from committees, or reported with a minority
report attached, or placed on the calendar on motion: Provided, that the
published local calendar may carry the number of each bill, the county or
counties referred to, and an abbreviated statement of the title of the bill.

Rule 48. Considering bills out of regular order. — Except as provided in
Rule 49, any bill or other matter may be taken up out of order upon order

1969] SENATE JOURNAL 23

of the President or upon motion sustained by a majority of the membership
present and voting.

Rule 49. Third reading requirements. — No bill on its third reading shall
be acted upon out of the regular order in which it stands on the Calendar,
and no bill shall be acted upon on its third reading the same day on which
it passed its second reading unless so ordered by two-thirds of the
Senators present.

Rule 50. Special orders. — Any bill or other matter may be made a
special order for a particular day or hour by a vote of the majority of the
Senators voting, and if it shall not be completed on that day, it shall be
returned to its place on the Calendar, unless it is made a special order for
another day; and when a special order is under consideration it shall take
precedence over any special order or subsequent order for the day, but such
subsequent order may be taken up immediately after the previous special
order has been disposed of.

Rule 51. Procedure when necessary number of Senators not present. —
If, on taking the question on a bill, it appears that a constitutional quorum
is not present, or if the bill requires a vote of certain proportion of all the
Senators to pass it, and it appears that such number is not present, the
bill shall be again read and the question taken thereon; if the bill fails a
second time for the want of the necessary number being present and
voting, the bill shall not be finally lost, but shall be returned to the
calendar in its proper order.

Rule 52. Effect of defeated bill. — (a) After a bill has been tabled or
has failed to pass on any of its readings, the contents of such bill or the
principal provisions of its subject matter shall not be embodied in any
other measure. Upon the point of order being raised and sustained by the
Chair, such measure shall be laid upon the table, and shall not be taken
therefrom except by a vote of two-thirds of the qualified membership of
the Senate: Provided, no local bill shall be held by the Chair as embodying
the provisions, or being identical with any State-wide measure which has
been laid upon the table or failed to pass any of its readings.

(b) When a bill has been postponed indefinitely by the Senate, the bill
shall lie upon the table, and shall not be taken therefrom except by a vote
of two-thirds of the Senators present.

Rule 53. Taking bill from table. — No bill which has been laid upon the
table shall be taken therefrom except by a vote of two-thirds of the
Senators present.

Rule 54. Amending titles of bills. — When a bill is materially modified
or the scope of its application extended or decreased, or if the county, or
counties, to which it applies is changed, the title of the bill shall be changed
by the Senator introducing the bill or by the committee having it in charge,
or by the Principal Clerk, so as to indicate the full purport of the bill as
amended and the county or counties to which it applies.

Rule 55. Conference committees. — Whenever the Senate declines or re-
fuses to concur in amendments put by the House to a bill originating in the
Senate, or refuses to adopt a substitute adopted by the House for a bill
originating in the Senate, a conference committee shall be appointed upon
motion made consisting of the number named in the motion; and the bill

24 SENATE JOURNAL [Session

under consideration shall thereupon go to and be considered by the joint
conferees on the part of the Senate and House. In considering matters in
difference between the Senate and House committed to the conferees only
such matters as are in difference between the two houses shall be con-
sidered by the conferees, and the conference report shall deal only with
such matters. The conference report shall not be amended. Except as herein
set out, the rules of the United States House of Representatives shall
govern the appointment, conduct, and reports of the conferees.

Rule 56. Certification of passage of bills. — The Principal Clerk shall
certify the passage of bills by the Senate, with the date thereof, together
with the fact whether passed by vote of three-fifths or two-thirds of the
Senate, whenever such vote may be required by the Constitution or laws
of the State.

Rule 57. Transmittal of bills to House. — No bill shall be sent from the
Senate on the day of its passage except on the last day of the session,
unless otherwise ordered by a vote of two-thirds of the Senators present.

Legislative Officers and Employees

Rule 58. Pages.- — The President of the Senate shall appoint pages. The
President, or such person as he may designate, shall supervise the pages
and assign to them their duties. Each page shall be at least fourteen years
of age.

Rule 59. Sergeant-at-Arms. — (a) There shall be ten positions of As-
sistant Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who
are to work under his supervision and to be assigned such duties and
powers as he shall direct.

(b) The Sergeant-at-Arms shall be responsible for the safety of the
members and employees of the Senate while in the State Legislative Build-
ing, or any place in which the Senate is in session, and shall be responsible
for maintaining order in the State Legislative Building and adjoining park-
ing lots, all under the supervision and direction of the President of the
Senate.

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued
by orders of the Senate and signed by the President of the Senate, and
said warrants and subpoenas shall be returnable to the Principal Clerk of
the Senate.

Rule 60. Committee Clerks. — (a) The President of the Senate shall ap-
point clerks to such committees as he may deem necessary and appropriate.

(b) All Committee Clerks, when not in attendance upon the direct duties
connected with their committee shall report to the Supervisor of Committee
Clerks for such duties as may be assigned to them upon approval by
Committee Chairmen.

Rule 61. Senate Journal. — The Principal Clerk shall prepare and be
responsible for the Journal. The Committee on Rules shall examine the
Journal to determine if the proceedings of the previous day have been cor-
rectly recorded.

Rule 62. Disbursing Clerk to order supplies. — (a) All necessary supplies
and stationery for the Senate shall be purchased upon requisition of the
Disbursing Clerk, under the supervision of the President of the Senate.

1969] SENATE JOURNAL 25

(b) All equipment, including typewriters and dictating equipment, shall
be requisitioned from the Disbursing Clerk who shall distribute the equip-
ment under the supervision of the Committee on Rules.

General Rules

Rule 63. President to sign papers. — All acts, addresses and resolutions,
and all warrants and subpoenas issued by order of the Senate shall be
signed by the President.

Rule 64. Admission to the floor of the Senate. — No person except
members of the Senate, members of the House of Representatives, staff
of the General Assembly; Judges of the Supreme, Court of Appeals, and
Superior Courts; the Governor and members of the Council of State;
former members of the General Assembly; and persons particularly invited
and extended the privileges of the floor by the President shall be admitted
to the floor of the Senate during its session. No registered lobbyist shall
be admitted to the floor of the Senate or Senate Chamber while the Senate
is in Session.

Rule 65. Privileges of the floor. — Any group or individual other than
members of the Senate who desire to make remarks upon the floor of the
Senate will first obtain approval of the Committee on Rules.

Rule 66. News Media.- — The President is authorized to assign area and
equipment on the floor of the Senate for the use of the representatives
of news media; and the President shall provide regulations for the operation
of the representatives of the news media on the floor of the Senate.

Rule 67. Absence without leave. — No Senator or officer of the Senate
shall depart the service of the Senate without leave, or receive pay as a
Senator or officer for the time he is absent without leave.

Rule 68. Placing material on Senators' desks. — Any person other than
members of the Senate desiring to place articles of any kind on or about
desks in the Senate Chamber or in the offices of the members of the Senate
will make written application to, and obtain written approval from, the
Principal Clerk of the Senate.

Rule 69. Assignment of offices. — The Chairman of the Committee on
Rules, subject to the approval of the Committee, is authorized to make
assignments of committee rooms and offices to designated committees,
chairmen, and members of the Senate. The office adjacent to any committee
room assigned to a principal committee by the Chairman of the Committee
on Rules subject to the approval of the Committee on Rules shall be auto-
matically assigned to the chairman of the principal committee. In making
such assignments of individual offices, the said Chairman shall give pref-
erential consideration to the respective members according to the length
of service which each member has rendered in the General Assembly.

Rule 70. Notice of public hearings. — Notice shall be given not less than
five calendar days prior to public hearings. Such notices shall be issued as
information for the press and shall be posted in the offices of the Principal
Clerks.

Rule 71. Public hearings, filing of written statements. — Persons de-
siring to appear and be heard at a public hearing are encouraged to file a

26 SENATE JOURNAL [Session

brief or a written statement of the remarks to be made at least twenty-
four hours before the time of the hearing.

Rule 72. Voting in Joint Session. — When any Senate Committee sits
jointly with the House Committee, the Senate Committee reserves the right
to vote separately from the House Committee.

Rule 73. Alteration, suspension or rescission of rules. — No rule of the
Senate shall be altered, suspended, or rescinded except on a two-thirds vote
of the Senators present.

Upon motion of Senator McGeachy, seconded by Senators Moore and
Burney, the report of the Committee on Rules is adopted.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Appropriations Subcommittee on Health, Welfare and Institutional Care:
Senators Coggins, Chairman; James, Vice-Chairman; Gurganus, Vice-Chair-
man; Bagnal, Flaherty, Folger, Reed.

Appropriations Subcommittee on Education: Senators Moore, Chairman;
Norton, Vice-Chairman; Bailey, Boger, Burney, Sapp, V. White of Pitt.

Appropriations Subcommittee on General Government and Transporta-
tion: Senators Henley, Chairman; Harrington, Vice-Chairman ; Allsbrook,
Larkins, Murrow, Saunders, West.

Appropriations Subcommittee on Personnel and Long-range Planning:
Senators Rauch, Chairman; Edwards, Vice-Chairman; Allen, Dent, MacLean,
Poovey, Robinson.

Committee on Conservation and Development: Senators Burney, Chair-
man; Patterson, Vice-Chairman; Saunders, Vice-Chairman; Allen, Alls-
brook, Boger, Dent, Griffin, Moore, Norton, Reed, Robinson, Sapp, Station,
West.

Committee on Courts and Judicial Districts: Senators Bailey, Chairman;
Harrington, Vice-Chairman; Bryan, Burney, Edwards, Ellis, Folger, Gur-
ganus, Reed, Sapp, L. Warren of Wayne, J. White of Cleveland.

Committee on Veterans and Military Affairs: Senators Griffin, Chair-
man; Reed, Vice-Chairman; Bryan, Folger, Johnson, Joyner, Kirby, Murrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Flaherty: S. B. 14, a bill to amend Article 36 of Chapter 160
of the General Statutes so as to exempt Burke County from parts.

Referred to Committee on Local Government.

By Senator Bowles: S. B. 15, a bill to incorporate and establish the
Central North Carolina School for the Deaf.

Referred to Committee on Rules.

By Senator Bowles: S. J. R. 16, a joint resolution prohibiting placing the
biennial appropriations bill on its second reading less than two weeks
after said bill would otherwise be placed on the favorable calendar.

1969] SENATE JOURNAL 27

Referred to Committee on Rules.

By Senator Bowles: S. J. R. 17, a joint resolution congratulating the
basketball team of the University of North Carolina at Chapel Hill.

Referred to Committee on Rules.

By Senator L. Warren of Wayne: S. B. 18, a bill to make appropriations
for current operations of the State's departments, institutions, and agencies
and for other purposes.

Referred to Committee on Appropriations.

By Senator L. Warren of Wayne: S. B. 19, a bill to make appropriations
to provide capital improvements for State institutions, departments, and
agencies.

Referred to Committee on Appropriations.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and dis-
posed of, as follows:

H. J. R. 16, a joint resolution recognizing the East Rutherford High
School Band.

Upon motion of Senator Norton, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow
at 12 M.

SEVENTH DAY

Senate Chamber,
Wednesday, January 22, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

The President extends the courtesies of the floor to the Honorable T.
Wade Bruton, former Attorney General of North Carolina, and a member
of the North Carolina General Assembly in the 1929 Session.

Upon motion of Senator Ellis, the President extends the courtesies of
the galleries to the Honorable Carl V. Venters, former member of both the
Senate and the House of Representatives, and to a group of distinguished
citizens of Onslow County accompanying him.

Upon motion of Senator V. White of Pitt, the President extends the
courtesies of the galleries to the Seventh Grade of the Roberson Union
School, Winterville.

28 SENATE JOURNAL [Session

The President extends the courtesies of the floor to former Senators
Leroy Simmons of Duplin County and Joe K. Byrd of Burke County.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. J. R. 8, a joint resolution authorizing an official delegation to represent
the General Assembly at the funeral of the Honorable T. Clarence Stone.

S. J. R. 10, a joint resolution congratulating the Greensboro, North Caro-
lina Jaycees.

special message from the house of representatives

House of Representatives,
Wednesday, January 22, 1969.
Mr. President :

It is ordered that a message be sent your Honorable Body with the
information that pursuant to S. R. 1, "A joint resolution relative to the
inauguration of the Honorable Robert W. Scott as Governor of North Caro-
lina; and informing His Excellency, Governor Robert W. Scott, that the
General Assembly is organized and ready to proceed with public business
and inviting the Governor to address a joint session of the Senate and
House of Representatives at 12:30 p.m., Wednesday, January 22, 1969,"
the House of Representatives stands ready to receive the Senate in Joint
Session at the hour appointed.

Respectfully,

Jo Ann Smith, Principal Clerk

reports of committees

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
places on the Calendar, as follows:

By Senator McGeachy, for the Committee on Rules:

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her
outstanding service as executive director of the North Carolina Mental
Health Association, with a favorable report.

appointments

The President announces the appointment of the following standing
committees:

Committee on Agriculture: Senators MacLean, Chairman; Bowles, Vice-
Chairman; Wood, Vice-Chairman; Coggins, Griffin, Johnson, Joyner, Larkins,
Robinson, Scott, V. White of Pitt, Wilkie.

Committee on Constitution: Senators Allsbrook, Chairman; Station,
Vice-Chairman; Boger, Briggs, Burney, Edwards, Gurganus, McGeachy,
Nielson, Robinson, Sapp, J. White of Cleveland.

1969] SENATE JOURNAL 29

Committee on Local Government: Senators J. White of Cleveland, Chair-
man; McGeachy, Vice-Chairman; Penn, Vice-Chairman; Bagnal, Bowles,
Briggs, Johnson, Maxwell, Patterson, S. Warren of Sampson, Wilkie.

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint
Session in the House of Representatives for the purpose of receiving the
Governor's Biennial Message, and upon his motion upon dissolution of the
Joint Session, the Senate stands adjourned to meet tomorrow at 12 M.

JOINT SESSION

The Senate is received by the members of the House of Representatives
standing, and the Joint Session is called to order by Lieutenant Governor
H. Patrick Taylor, Jr.

The President recognizes Senator Burney who presents His Excellency,
Governor Robert W. Scott, who delivers the following address:

Mr. President, Mr. Speaker, Mr. Chief Justice and members of the General
Assembly of North Carolina:

The people of North Carolina have elected us to formulate the programs
that will give impetus to this State in the decade of the Seventies and
into the future — programs to lead to the good life.

At the outset, we might as well face the fact that this will be, at the
least, a challenging session.

We are reaching a point where the level of expectations is rising at a
rate that outstrips our capacity to provide them without imposing on our-
selves a greater burden of stewardship to the State.

We want better schools. We all want our children to be well taught.
We want them to start their education at an earlier age and continue it
beyond the high school.

We want our schools to tailor programs to fit the need of every child —
the mentally fast and the mentally slow; the student going on to college
and the student who wants to prepare now for an occupation.

We are living in an affluent age, but many are left out of the abundance- —
the mentally and physically handicapped, the children of deprived back-
grounds, the aged. Many families live on inadequate incomes.

Sections of our State are awaiting to move out economically and in-
dustrially. They want and need roads and community facilities to hasten
the day.

Thousands living in North Carolina today will celebrate the year 2000 —
the advent of a new century. We need to make the wisest use of our re-
sources. We need a unified effort. We need to modernize and streamline
government.

North Carolina has always met the challenge. We have felt no resistance
to progressive change. In fact, we have sought it and we have benefited
by it.

The people of North Carolina have elected you and me to see that the
State does what clearly must be done if we are to meet the challenge of
the year 2000. We must act now to put the essentials of a good life within
reach of every citizen.

30 SENATE JOURNAL [Session

INTERGOVERNMENTAL RELATIONS

At this moment, there seems to be little doubt that the biggest challenge
of the next decade will be a struggle to improve our environment.

It will be an effort to conserve and better utilize our natural resources.
There will be a great concern to halt air and water pollution; an attempt
to banish hunger and an effort to remove blight.

Communities will seek more public facilities to stimulate economic and
industrial development. Roads and streets, thoroughfares and rapid transit
systems will be built to move people and commerce and hopefully make
transportation and travel more safe.

At a time when all levels of government are experiencing unprecedented
demands for services, we must recognize that all governmental goals are
interrelated.

Only by close, coordinated interaction with the Federal Government and
with local governments can the State achieve its goals of better govern-
ment for all its people. Only through partnership with the State can local
governments provide the services its citizens demand.

One of the highest priorities during this session and the next four years
should be efforts to build an effective working partnership between all levels
of government.

I believe we will see efforts during the next four years to place greater
responsibility on the State, particularly in the State's relationships with
local governments.

There are many areas where a better partnership is needed if the State,
the cities, the towns and the counties are going to meet the needs of North
Carolinians where they live, work and play.

In our urban areas, there are problems of income and housing that only
the State and municipalities can solve together. There are problems as
well in rural areas, and, in many respects, the needs of North Carolina
are greater in the rural areas.

I will ask for your support in developing programs that will build a
partnership between the State and the communities.

Among these programs will be a request, later in this session, for a
new department of State government. It will be established for the primary
purpose of aiding and assisting local governments to meet local needs.

It will not be the most expensive program — in terms of appropriations —
that you and I will be asked to undertake during this session and the next
four years.

The nucleus for such a department already exists within the State.
What is needed now is to bring together in one place — hopefully under
one roof — and under one administration already existing services which
are relevant to modern problems of community life.

Not only will my proposed department actively aid communities, it will
in the long-run increase efficiency in State government. It will be a service
organization whereby the full resources of the State can be called upon
by communities for assistance within the entire spectrum of community
problems.

1969] SENATE JOURNAL 31

Let me stress: it will be a service organization and not a regulatory
agency. The department will be staffed by individuals — many of whom are
already employed by the State although others will be needed — who have
ideas and know how in housing, community redevelopment, economic de-
velopment, local taxation and capital planning, land use and development,
local and regional planning and recreation planning.

In addition to technical assistance, this department, will reap some
tangible benefits to the State. It will become an important link in Federal-
State and local programs. It will strengthen the hand of every local
government in making full and intelligent use of all available assistance
programs.

State Government must be strengthened, particularly in its relation to
the Federal Government. I intend to work with the Governors of other
states to enable the states to have a stronger voice and a greater influence
in the Federal system.

We will go to Washington to solicit our fair share and we will not over-
look any program. Many assistance programs go untapped, even though
they are available to us, simply because we have not made a maximum
effort.

To enable the State to take advantage of worthwhile programs that may
come along during the biennium, I will request a reserve fund for matching
grants. This will be a sum of money set aside to be used, upon the
approval of the Advisory Budget Commission, for matching Federal grants
in which the State feels it should participate.

PUBLIC EDUCATION

Today, more than at any time in our history, North Carolina has the
opportunity, challenge and responsibility of providing a full educational
opportunity for every child in the public schools — as well as every child
who should be in our classrooms.

The opportunity and the task that confronts all of North Carolina is
finding the means of implementing and financing a new adventure in public
education.

During the past twelve months, more than 500 North Carolinians repre-
senting all areas of the State and the major groups involved in public
education have studied and proposed for our State the goal of a child
well taught.

In the broadest sense, this goal means that every boy and girl will learn
how to live and how to make a living. That is what education is all about.

State and local governments must be committed to providing the re-
sources that are needed to close the gaps in our public school system.
Local governments must take the initiative to see that a comprehensive
education is available to every child.

In many areas this means the merger of school districts and the con-
solidation of schools. It means in some cases that local governments must
do a better job of financing school programs. At the State level our ad-
ministrative structure must assure a bold, unified endeavor in public
education.

32 SENATE JOURNAL [Session

The task ahead of us is a big one, but we must begin. I am recommending
to you:

First, that you firmly establish the State Board of Education as the
policy formation agency for public education and that the Board be given
the power to appoint the Superintendent of Public Instruction. In addition, —
the Board should be given the authority to adopt criteria for merging
school districts and to consolidate schools to achieve sound educational
programs in all areas of the State.

Second, that financial support of public education be recognized as a
cooperative State, local and Federal effort, and that local units be en-
couraged to provide basic minimum participation. I endorse the principle
of State incentive funds to match local funds which are committed beyond
the basic program.

Third, North Carolina must make some major alterations in its in-
structional program if it is to offer a truly meaningful education to every
child.

As a top priority we must see that every child has a good beginning in
his educational career. A poor beginning often shows up later in low
marks, dropouts and juvenile delinquency. I recommend that you extend
public education to five-year olds. We should begin with an initial effort
extended over a period of several years to serve all kindergarten age
children in the State.

I will recommend increased appropriations to offer occupational guidance
and training to more students than are currently being reached in our
vocational programs.

Vocational training needs to be stressed and strengthened in the middle
grades, for it may offer many young people their best means of preparing
for effective competition in the job market. I may also provide invaluable
incentive for potential dropouts to stay in school.

Means should be sought to attract more students who need special in-
ducement into a diversified vocational program. Too few of our schools
now have student bodies large enough to justify a strong program. Still,
effective programs can become a reality by school consolidation or other
means of offsetting the handicap of small school units.

Fourth, nothing is more important to our goal of a child well taught
than the quality of teacher provided. Our schools must be staffed with
competent, dedicated people. We must take meaningful strides toward
paying teachers the national salary average.

In return for higher salaries, we will expect a renewed dedication from
all teachers. At the same time, we must seek solutions to reducing heavy
classroom loads.

Fifth, transportation for school children with special needs and a more
flexible transportation service to accommodate special programs is needed.

Further, public school bus transportation should be extended to include
urban and suburban children. As long as the State assumes responsibility
for school transportation, with all tax payers supporting it, this service
should not be limited to rural children who live more than one and one-half
miles from school.

1969] SENATE JOURNAL 33

HIGHER EDUCATION

Higher education is another area which must have sustained support.
The needs in higher education are many.

Attention must be given to strengthening faculty salaries in all State-
supported institutions. There is the pressing need to train more people in
the medical and medically related areas and to upgrade library facilities
at all institutions of higher learning.

The role of the traditionally Negro institutions must be expanded in the
years ahead and special attention given to salaries and remedial assistance
in these institutions.

Although I have said many times that not all young people can or should
attend a college or university, there are many who should but are not
doing so. A relatively low percentage of our students now continue their
education beyond the high school.

To effectively reach them will require an expansion of the campuses of
our existing institutions of higher learning.

Our university must grow physically as the demand increases. But I
feel there is a limit in the student population of a given campus which
should not be surpassed for effective administration and instruction. Never-
theless, if we follow the philosophy of making a university education
available to academically qualified students, it is inevitable that the campus
expand. I believe the wise course is for this expansion to occur in other
areas of the state. For this reason, I favor the extension of the university
system to include Wilmington and Asheville-Biltmore Colleges.

Privately supported colleges and universities play an important role in
the total higher education program in North Carolina. These institutions
educate many students, the cost of which would otherwise have to be borne
by the state. Yet, many of the church-related, non-tax supported in-
stitutions face financial hardships.

I recommend, as does the recent study on higher education, a special
study to consider a state-wide student assistance program.

COMMUNITY COLLEGES, TECHNICAL INSTITUTES

I cannot over-emphasize the importance of the community colleges and
technical institutes to our overall program of post-high school training.
The fifty institutions in this system have grown rapidly, this year enrolling
more than 189,000 students. They have done a remarkable job in both
technical and vocational instruction and college parallel programs.

It is through these institutions that we can make a greater effort to
reach more people — both adults and high school graduates.

In the technical institutes and community colleges, greater emphasis
should be placed on vocational opportunities. Programs should be broadened
in this area. They should be developed in coordination with occupational
education in the public schools. And this training should be made more
relevant to the economy of the State. The emphasis should be on the skills
demanded by industry, especially the better-paying industrial and service
jobs.

34 SENATE JOURNAL [Session

LAW AND JUSTICE

Preserving civil peace has always been recognized as the first responsi-
bility of government. A government that is unable to afford to all of its
citizens the security of person and property is not likely to be able to do
much else for them.

Today, we are faced with an increase in the old and familiar varieties
of crime as well as the growth of organized crime and large scale civil
disorders.

The task of the State is this: to maintain public order while upholding
the rule of law and pursuing the goal of justice for all citizens. In addition
to maintaining order, the State must insure that justice embraces the fair
treatment of individuals; and fair treatment must extend to all aspects of
life insofar as it is within the Government's authority to assure it.

We must deal effectively with all aspects of law and justice. My im-
mediate proposals include:

First, the prompt establishment of a police information network which
is designed to link the State, national and all local law enforcement
agencies willing to participate, in a high-speed, computerized network for
the collection, organization and retrieval of information on crime and
criminals.

Second, bills to strengthen the authority of local government in dealing
promptly and effectively with civil disorders.

Third, legislation to state clearly the authority and responsibilities of the
administrators of our public educational institutions to deal promptly and
effectively with those who attempt to disrupt the normal operation of
those institutions and disrupt the educational process.

Fourth, insistence on the equality of treatment of all citizens in their
dealings with the agencies of the law, and on the equality of protection of
all persons and their property.

Fifth, explore the Courts Commission recommendation for the initiation
of a public defender system in some areas of the State.

Sixth, strengthen substantially the State Bureau of Investigation by
providing more funds for manpower and modern equipment.

On a longer range basis, we must develop a coordinated plan for train-
ing of all law enforcement officers in the State and urge local governments
to take advantage of these programs.

More effective training of enforcement personnel can be accomplished by
utilizing fully existing training programs and facilities. At the same time,
we should consider the development of a police academy, especially to
assure the best training facilities and program possible for our State law
enforcement agencies.

I believe there are benefits to be derived from combining the prison,
probation and paroles departments into a comprehensive correction and
rehabilitation system. Such a department could give the leadership to
increase our efforts to rehabilitate prisoners, especially juvenile offenders.
I recommend this proposal be studied carefully by a commission appointed
by this General Assembly.

1969] SENATE JOURNAL 35

GOOD NEIGHBOR COUNCIL

Understanding and cooperation among- the races are essential. While these
must be the concern of government generally, we will continue to need for
sometime a State agency whose main purpose is the improvement of racial
relations in the State.

Therefore, I recommend that the Good Neighbor Council be continued
and that the functions now performed by the Chairman be divided between
a part-time Chairman of the Council and a full-time Director employed
by the Council. The late David Coltrane gave the Council real meaning — a
significance of purpose. He served as both Chairman and Director, per-
forming both of these tasks well. I am asking that these roles now be
divided and strengthened.

I am asking for a full-time Director and staff because I feel that the role
of the Good Neighbor Council should become more than one of mediating
disputes. The Council should examine State and local governmental practices
in employment and in the provision of services. It should encourage the
removal of any inequities found, reporting to the Governor periodically on
problems encountered.

The Council should continue to encourage and aid the formation of local
good neighbor councils and should help mediate racial crises on the in-
vitation of troubled communities.

Finally, recognizing that actions speak louder than words, I believe that
nothing will strengthen the confidence of minorities more surely than a
voice in government. We will set an example by appointing more members
of minorities to State boards and positions, and urge authorities at both
State and local levels to follow a similar policy.

TRANSPORTATION

Transportation and roads continue to be a pressing need in the State.
It has been estimated that we would need to spend $4.7 billion dollars in
the next twenty years to develop the transportation system that is needed
to stay abreast of economic growth as well as to curb the rising death and
injury rate on our highways.

In the area of highways and transportation, we must be ambitious in
our thinking and in our actions — as costly as such a program will be and as
pressing as are other programs that demand the State's attention and
resources.

I will propose changes in the structure and composition of the State
Highway Commission. I favor increasing the Commission's membership.
A larger commission can better communicate with the people and will be
more responsive to the needs of the people. Highway divisions now serve
up to fourteen counties. It's difficult for a commission to effectively serve
so large an area.

I am concerned that in the areas of highways and transportation that we
use wisely the large capital outlays that will be needed and that whatever
we do now and in the next decades will meet the needs of a growing and
changing State.

We should think boldly in terms of constructing an arterial system that
will move people and commerce through our centers of .economic growth

36 SENATE JOURNAL [Session

and that will link these urban centers with less populated areas of the
State that would benefit economically by improved transportation.

Let us remember, too, that people on our coast use the channels and
inlets as roadways. We should give more attention to water transportation.
A clear and open channel means as much as a highway to people who
depend on the sea for their income.

We must look toward the development of our airports, particularly local
airports which are so essential to full industrial development in our State.
This is one area in which we can work closely with the Federal Government
to get some of our federal tax dollars back into North Carolina. It again
underscores the need to strengthen the role of the State in federal matters.

STATE EMPLOYEES

All of us who are or have been employers know that demanding dedica-
tion of our employees is only part of the story. A devoted, hard-working
employee is an employee who is adequately paid and who has the benefits
that have become a part of the modern, industrial society.

The State can be no different from the business employer. Its employees
must have adequate salaries which reflect the rising costs of living. Neither
should State employees be expected to conduct State business on a per
diem which is inadequate to meet expenses incurred.

I favor salary increases and, in addition, an increase in the per diem
allowance for both in-state and out-of-state travel.

I will ask you to appropriate funds to provide for time and one-half pay
for those employees who perform emergency services to protect life, health
and safety of the public.

The General Assembly should study the feasibility of establishing a
longevity and cost-of-living index in the salary schedule of State em-
ployees. Under the present system, State employees can receive general
pay increases only once each two years. The cost of living has increased
eight per cent since the last general pay increase in 1967.

I favor changes in the State employees retirement program, and will
recommend new benefits, which will not require additional appropriations.

Finally, I believe a commission should be established to study various
hospitalization plans and medical benefits for State employees — benefits
that would be in keeping with the current cost of hospital services. This
study should be directed toward specific recommendations for a hospital
insurance proposal.

NATURAL RESOURCES

I have stated time and again that I want this administration to be
known for its concern with planning for the future of North Carolina.
Thousands of North Carolinians now living will see the advent of the year
2000 celebrated as the turn of the century.

In these future years, all of North Carolina's resources must be con-
served and utilized so that the fullest benefit will accrue to all of our
citizens. We must see to it, as we plan for the future, that the great
bounties with which God has blessed this land are not wasted, misused or
destroyed.

1969] SENATE JOURNAL 37

One of these great gifts of nature is the majestic and mysterious Atlantic
Ocean washing our shores. The Atlantic Ocean and our inland waters are
frontiers where lie natural resources as yet untapped. With the new em-
phasis being placed throughout the world on the scientific study of seas,
oceans and water resources, I believe that the State must join in the
intensive search for answers to the problems and potentials of the ocean
and rivers.

This administration will move to a position of leadership in the field of
marine science. We will look for ways to determine how the sea can yield
more food; how our coastline can be protected from winds and tides; what
mineral resources can be tapped from these depths and how the beaches
and shorelines can be conserved.

We will continue to support programs designed to insure that all of our
natural resources are conserved and that waste and pollution are stopped.

HEALTH AND WELFARE

Our State institutions and agencies in the public health and welfare
fields should be commended for their past work. They must have sustained,
and in many cases, increased support to stay abreast of increasing patient
and case loads.

There are new programs which the State must implement if we are to
stay abreast of the needs and the services which are becoming available
through the assistance of the State and Federal governments. Foremost
among these, in terms of the costs involved, will be the implementation of
Title 19 of the Social Security Act, commonly known as Medic-aid.

The mandatory date for states to implement this program and benefit
from Federal funds which provide hospital and doctor care, home health
and nursing services and medicines for several categories of the indigent,
is January 1, 1970.

It is essential that North Carolina implement this program, which has
been recommended in the budget now before you.

MENTAL HEALTH

We need to strengthen our program of mental health care, remembering
we should never lag in our support for those who are not so fortunate
so as to be able to help themselves.

I support programs that will aid mentally retarded children. We should
establish a diagnostic center to pinpoint in infancy the mentally retarded
child.

I believe one of the most critical problems in the next decade and longer
will be the shortage of trained manpower in the mental health professions.

Of course, the shortage of trained manpower is not limited to the mental
health profession. We must work on programs to increase adequate per-
sonnel in all the health related fields.

CULTURAL AFFAIRS

North Carolina has long been recognized for its cultural achievements
and its concern for the fine arts. We were the first state to finance art

38 SENATE JOURNAL [Session

purchases, to support outdoor drama and to appropriate funds for a theater
building. We have a school for the Performing Arts and a fine Symphony
Orchestra which brings good music to thousands of children and adults
throughout the state each year.

To enhance our cultural development 1 feel the state should lend en-
couragement and, where possible, assistance to cultural programs on the
local level. More historic sites need to be restored and preserved. Heritage
and tradition are important to a people and it will mean even more to us
in the future.

PARKS AND RECREATION

In the last third of this century, we will find more people earning more
money. They will have greater mobility and more leisure time. Experts
have predicted that the wise utilization of leisure time will be one of the
great challenges of the future.

Thus we must continue to provide for adequate recreational programs
and areas, and to gradually expand our park system after thorough feasi-
bility studies.

In this regard, I feel the citizens of North Carolina are justified in their
interest in a major zoological park as a recreation, education, research and
conservation facility.

I would like to see North Carolina develop a state zoo, and I recommend
that you give careful consideration to the necessary enabling legislation to
get it started.

LIABILITY INSURANCE RATES

For some time, I have been concerned about the costs of automobile
insurance rates, delays in settling claims and the litigation time and costs
involved. Many other of our citizens share this concern. I think something
can be done about liability insurance and its costs, and I believe it is
possible for North Carolina to lead the way in seeking ways to halt
spiraling rates.

This complex problem involves not only rising prices of automobiles and
automobile parts, but our accident rate, the costs of settling claims and
the amount of litigation required.

I urge the General Assembly to appoint a blue ribbon commission to
study this entire area and the problems that contribute to it, and to make
recommendations as to what action is needed to make our highways safer
and insurance costs lower.

SENIOR CITIZENS

Our Senior Citizens are valuable assets. They have given of their talents
to help North Carolina grow and prosper. Many have much yet to offer in
terms of experience and knowledge.

Our citizens over sixty-five years should be granted some tax relief so
they can live more comfortably in retirement. Too many are hard pressed
financially to make ends meet on a fixed income with ever increasing living
costs.

1969] SENATE JOURNAL 39

In my budget message, I will present a tax rebate plan for your con-
sideration. It will be a significant gesture of the State's compassion for its
senior citizens.

Because of the limitations of your time, I have not touched on all the
matters that will be the concern of my administration. Indeed, I have
not gone into great detail about the programs I have proposed.

Whenever it seems appropriate, therefore, I will relay to you additional
proposals for your consideration during this session. I will express my
views from time to time on matters that come before this distinguished
Body that affect our State and our people.

Mr. President, Mr. Speaker, my program is geared to developing the good
life for all North Carolinians. It is designed to carry out the four broad
goals stated in my inaugural address on January 3.

I believe it is a sound, sensible program. Moreover, it will bring greater
dividends in the future to all of us.

During this session of the General Assembly, we must plan to provide
the essentials of a good life. Indeed, a realistic plan for the future can be
the start of a better life — a powerful thrust forward on the endless road
of progress.

The progress we make depends on our working together — carefully and
creatively — to build a sturdy and constructive program to strengthen North
Carolina and her people.

Let the result of our labors give true meaning and purpose to our noble
motto: "Esse Quam Videri".

Upon motion of Senator McGeachy, the Joint Session is dissolved, and
pursuant to his motion heretofore made, the Senate stands adjourned to
meet tomorrow at 12 M.

EIGHTH DAY

Senate Chamber,
Thursday, January 23, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Senator McGeachy for the Committee on Rules announces that he has
examined the Journal of yesterday and finds the same correct, and upon
his motion the reading of the Journal is dispensed with and it stands
approved as written.

The President grants leave of absence to Senator Dent for today.

The President extends the courtesies of the floor to former Senator
Buchanan of Henderson County, and to Mrs. Sara James, wife of Senator
W. D. James of Richmond County.

Upon motion of Senator James, the President extends the courtesies of
the galleries to three seventh grade homerooms of the Hamlet Junior High
School, Hamlet, and to their teachers, and to Mrs. Nancy Neal, President
of the Young Democrats Club of Richmond County.

40 SENATE JOURNAL [Session

Upon motion of Senator McGeachy, the following additional rules are
adopted:

Rule 59 (d) While the General Assembly is in session, the Sergeant-at-
Arms of the Senate shall be the custodian of, and responsible for, all
personal property that is assigned to the Senate during any session of the
General Assembly, and shall have the responsibility for the placement of
said property in the Senate area of the Sate Legislative Building, subject
to the approval of the Committee on Rules. At the termination of the
Session, or within thirty days thereafter, the Sergeant-at-Arms shall pre-
pare and deliver an inventory of all property belonging to the Senate to
the Principal Clerk of the Senate. The Sergeant-at-Arms, with the ap-
proval of the Committee on Rules, shall request the proper State agency
to purchase necessary office furnishings and personal property needed for
the operation of the Senate.

Rule 59 (e) While the General Assembly is in session, the Sergeant-at-
Arms shall be responsible to the Senate for all maintenance, installations,
repairs and necessary work to the physical plant, to the telephones and
utilities, and to all personal and real property, in the Senate area of the
State Legislative Building, subject to the approval of the Committee on
Rules.

Rule 60. The Principal Clerk of the Senate shall employ all necessary
employees and clerks required to carry out the duties of his office. The
Principal Clerk shall have supervision and control, and shall assign such
duties and powers as he shall direct to his employees and clerks.

Rules 60-69, inclusive, are renumbered Rules 61-70, inclusive.

Rule 71. — Administrative rules and regulations involving Senate em-
ployees.— All administrative rules, regulations and orders involving all in-
dividuals employed to perform duties for the Senate, other than those
appointed by the Principal Clerk and the Sergeant-at-Arms, shall be first
approved by the Committee on Rules.

Rules 70, 71, 72 and 73 shall be renumbered Rules 72, 73, 74 and 75.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Judiciary No. 1: Senators Ellis, Chairman; Allsbrook, Vice
Chairman; Gurganus, Vice Chairman; Bailey, Bryan, Burney, Currie, Mc-
Geachy, Nielson, Penn, L. Warren of Wayne, S. Warren of Sampson.

Committee on Judiciary No. 2: Senators Boger, Chairman; Folger, Vice
Chairman; Staton, Vice Chairman; Briggs, Edwards, Kirby, Patterson, Reed,
Robinson, Sapp, J. White of Cleveland.

Committee on Education: Senators Evans, Chairman; Bowles, Vice Chair-
man; S. Warren of Sampson, Vice Chairman; Allen, Bagnal, Flaherty,
Henley, James, Johnson, Norton, Patterson, Staton, Wilkie.

INTRODUCTION OI< BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

1969] SENATE JOURNAL 41

By Senators Nielson and Bagnal: S. B. 20, a bill relating to the Forsyth
County Peace Officers' Association.

Referred to Committee on Local Government.

By Senator Ellis: S. B. 21, a bill to rewrite Chapter 630, Session Laws of
1967, so as to provide for the at large nomination and election of members
of the board of education of Onslow County.

Referred to Committee on Education.

By Senator Poovey: S. B. 22, a bill to amend Article VI of the Constitu-
tion of North Carolina, so as to permit members of the Armed Forces of
the United States to vote, regardless of age, while serving outside the
United States or its possessions.

Referred to Committee on Constitution.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. J. R. 21, a resolution honoring the memory of an active and gracious
lady, Mrs. 0. Max Gardner.

Referred to Committee on Rules.

H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur
Bunn, former member of the General Assembly.

Upon motion of Senator Bailey, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her
outstanding service as executive director of the North Carolina Mental
Health Association.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

NINTH DAY

Senate Chamber,
Friday, January 24, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Senator Moore for the Committee on Rules announces that the Journal
of yesterday has been examined and found to be correct, and upon his

42 SENATE JOURNAL [Session

motion the reading of the Journal is dispensed with and it stands approved
as written.

Upon motion of Senator Penn, the President extends the courtesies of
the galleries to Mr. Lee Farmer and a Political Science Class from Elon
College.

The President extends the courtesies of the galleries to Mrs. Hayes
White, Mrs. William Propst and to Master Sims Propst who is made
an honorary page of the Senate.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Mental Health: Senators Penn, Chairman; Larkins, Vice-
Chairman; Allsbrook, Coggins, Evans, Flaherty, James, Joyner, Poovey,
Scott, V. White of Pitt, Wilkie.

Committee on Public Health: Senators James, Chairman; Evans, Vice-
Chairman; Henley, Vice-Chairman; Boger, Johnson, Joyner, Norton, Poovey.

Committee on Public Welfare: Senators Gurganus, Chairman; Evans,
Vice-Chairman; Allen, Bowles, Henley, James, Joyner, Larkins, Murrow,
West.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Ellis: S. B. 23, a bill to authorize joint appeals from the
several boards of equalization and review to the State Board of Assess-
ments.

Referred to Committee on Judiciary No. 1.

By Senator Dent: S. B. 24, a bill to appropriate annually the sum of
$3,000.00 to the North Carolina Rhododendron Festival on Roan Mountain
in Mitchell County during the next biennium.

Referred to Committee on Appropriations.

Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8:00 o'clock.

TENTH DAY

Senate Chamber,
Saturday, January 25, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Mrs. Ellis Marsh of Raleigh, North Carolina.

Senator Bailey for the Committee on Rules announces that the Journal of
yesterday has been examined and found to be correct, and upon his motion

1969] SENATE JOURNAL 43

the reading of the Journal is dispensed with and it stands approved as
written.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8:00 o'clock.

ELEVENTH DAY

Senate Chamber,
Monday, January 27, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Senator McGeachy for the Committee on Rules announces that the
Journal of Saturday has been examined and found to be correct, and upon
his motion the reading of the Journal is dispensed with and it stands
approved as written.

The President extends the courtesies of the floor to the Honorable J. C.
Pittman of Sanford, a member of the Senate in the 1937 Session and
President Pro Tempore of the Senate in the 1949 Session.

The President extends the courtesies of the floor to former Senator
Vinson Bridgers of Edgecombe County, and to former Representative
Emmett W. Burden of Bertie County.

The President extends the courtesies of the galleries to Mrs. J. Russell
Kirby, wife of Senator Kirby of Wilson County, and to Mrs. J. Marvin
Johnson and Miss DeLane Johnson, the wife and daughter of Senator
Johnson of Johnston County.

The President grants leave of absence to Senators Bowles and Dent for
tonight.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on University Trustees: Senators Bowles, Chairman; Currie,
Vice Chairman; Bryan, James, McGeachy, Murrow, Nielson, Rauch, Sapp,
Saunders, Wood.

Committee on Correctional Institutions and Law Enforcement: Senators
Maxwell, Chairman; Scott, Vice Chairman; Allsbrook, Bailey, Gurganus,
Larkins, Murrow, West.

Committee on Personnel and Employment Programs: Senators Patterson,
Chairman; Rauch, Vice Chairman; Briggs, Evans, Moore, Poovey, Robinson,
Saunders.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions which are read the first time and
disposed of, as follows:

44 SENATE JOURNAL [Session

H. J. R. 28, a joint resolution honoring the Statesville Senior High School
Band.

Upon motion of Senator Joyner, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Rauch, the Senate adjourns to meet tomorrow
at 12 M.

TWELFTH DAY

Senate Chamber,
Tuesday, January 28, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator Flaherty, the President extends the courtesies
of the galleries to Mr. B. W. Sweat of Caldwell County.

Senator McGeachy for the Committee on Rules submits the following
amendments to Senate Rule 34:

Amend Rule 34, line 7, by changing the numeral "15" to "16", which will
make the sentence read as follows: "Membership on standing committees
shall consist of not more than sixteen or less than eight Senators, in-
cluding the Chairman and Vice-Chairman who shall be designated by the
President."

Further amend Rule 34, line 14, by changing the numeral "7" to "8"
which will make the sentence read as follows: "No Senator shall hold
membership on more than eight standing committees unless the Committee
on Rules provides otherwise."

Upon motion of Senator McGeachy, the amendments to Rule 34 are
adopted.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Alcoholic Beverage Control: Senators Currie, Chairman;
L. Warren of Wayne, Vice-Chairman; Briggs, Harrington, MacLean, Max-
well, Nielson, Reed, S. Warren of Sampson, West, J. White of Cleveland,
Wood.

Committee on Insurance: Senators Edwards, Chairman; Allen, Vice-
Chairman; Allsbrook, Bagnal, Briggs, Burney, Currie, Ellis, Flaherty,
Henley, James, Kirby, Rauch, S. Warren of Sampson.

1969] SENATE JOURNAL 45

Committee on Public Utilities: Senators Saunders, Chairman; Bailey,
Vice-Chairman; Allen, Bryan, Dent, Harrington, Penn, Rauch, Scott, Staton,
L. Warren of Wayne, Wilkie.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. J. R. 11, a joint resolution honoring the memory of an active and
gracious lady, Mrs. 0. Max Gardner.

H. J. R. 16, a joint resolution recognizing the East Rutherford High
School Band.

H. J. R. 2, a joint resolution honoring Mrs. John B. Spilman, Sr. for her
outstanding service as executive director of The North Carolina Mental
Health Association.

H. J. R. 27, a joint resolution honoring the life and memory of J. Wilbur
Bunn, former member of the General Assembly.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Rauch and J. White of Cleveland: S. B. 25, a bill to rewrite
General Statutes 115-125 relating to the condemnation of land for school
purposes so as to increase the maximum size of such sites to fifty acres.

Referred to Committee on Judiciary No. 1.

By Senators Ellis and Burney: S. B. 26, a bill to establish the North
Carolina Underwriting Association so as to provide a method whereby
adequate fire and extended coverage insurance may be obtained in the beach
and coastal areas of North Carolina.

Referred to Committee on Insurance.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of as follows:

H. J. R. 39, a joint resolution honoring the memory of a distinguished
servant of the people of North Carolina, Dr. Fredrick P. Brooks.

Upon motion of Senator V. White of Pitt, the rules are suspended and
the resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator V. White of Pitt, H. J. R. 38 is ordered spread
upon the Journal.

H. J. R. 39, a joint resolution honoring the memory of a distinguished
servant of the people of North Carolina, Dr. Fredrick P. Brooks.

WHEREAS, Fredrick P. Brooks of Greenville, who was a native of
Kinston, North Carolina, has practiced the art and science of medicine in

46 SENATE JOURNAL [Session

the City of Greenville for the past thirty-five years in a most dedicated
manner; and

WHEREAS, he was a former member of the medical faculty of the
University of North Carolina; and

WHEREAS, Dr. Fredrick P. Brooks is survived by a lovely wife and
distinguished family; and

WHEREAS, he was the father of the Honorable John C. Brooks, the first
and present Administrative Officer of this 1969 General Assembly:

NOW THEREFORE, be it resolved by the House, the Senate concurring:
that in the death of Dr. Fredrick P. Brooks, the State of North Carolina
has sustained the loss of an outstanding citizen and physician, and that a
copy of this Resolution be spread upon the minutes of both the Senate and
House of Representatives, and that a copy of this Resolution be duly
certified by the Secretary of State and transmitted by him to the family of
Dr. Fredrick P. Brooks, and that this Resolution shall become effective upon
its adoption.

Upon motion of Senator Scott, the Senate adjourns to meet tomorrow
at 12 M.

THIRTEENTH DAY

Senate Chamber,
Wednesday, January 29, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Walter D. Volz, President of the
Raleigh Ministerial Association, and Pastor of Our Saviour Lutheran
Church, Raleigh.

The President extends the courtesies of the galleries to Mr. James T.
Luman and Mr. George R. Uzzell, Jr. of the Greensboro Police Department.
Mr. Uzzell is the son of the late George R. Uzzell of Rowan County, a
long time member of the House of Representatives.

The President grants leave of absence to Senator Norton for today, and
to Senator Currie for tomorrow, January 30, 1969.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Highway Safety: Senators Wood, Chairman; Johnson,
Vice-Chairman; Penn, Vice-Chairman; Flaherty, Griffin, Maxwell, Poovey,
West, V. White of Pitt.

Committee on Libraries: Senators Coggins, Chairman; MacLean, Vice-
Chairman; Allen, Bagnal, Dent, Joyner, Larkins, Scott, V. White of Pitt.

1969] SENATE JOURNAL 47

Committee on Public Roads: Senators Harrington, Chairman; Maxwell,
Vice-Chairman; Robinson, Vice-Chairman; Allsbrook, Gurganus, Henley,
Murrow, Norton, Reed, Saunders, West, Wood.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Bowles and Rauch: S. B. 27, a bill to amend General Statutes
18-85 so as to increase the surtax on liquor from two percent (2(A) to
twelve percent (12c/c).

Referred to Committee on Finance.

By Senator J. White of Cleveland: S. B. 28, a bill removing county
exemptions from certain General Statutes.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 29, a bill authorizing the
qualified voters of the several cities and towns of the State to amend
their corporate charters concerning the mode of selection of the Governing
Board.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 30, a bill granting ordinance-
making authority to counties.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 31, a bill authorizing the board
of county commissioners of the several counties of the State to fix their
compensation.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 32, a bill to allow the governing
bodies of the several cities and towns of the State to fix their own com-
pensation.

Referred to Committee on Local Government.

By Senator Flaherty: S. B. 33, a bill to amend General Statutes 105-345
relating to ad valorem property tax penalties and discounts in the town
of Drexel.

Referred to Committee on Local Government.

By Senator Bailey: S. B. 34, a bill to amend various sections of the
General Statutes to take into account the existence of the Court of Appeals.

Referred to Committee on Courts and Judicial Districts.

By Senator MacLean: S. B. 35, a bill to amend General Statutes 113-120.3
to increase penalty for mutilation, destruction of posted signs.

Referred to Committee on Agriculture.

By Senator MacLean: S. B. 36, a bill to amend General Statutes 153-10.1
to authorize the board of county commissioners of Robeson County to
regulate garbage disposal.

Referred to Committee on Local Government.

By Senator Boger: S. B. 37, a bill to grant zoning authority outside the
city limits to the town of Mount Pleasant in Cabarrus County.

48 SENATE JOURNAL [Session

Referred to Committee on Local Government.

By Senator Dent: S. B. 38, a bill to provide that police officers of the
city of Asheville shall not be required to reside within the city limits.

Referred to Committee on Local Government.

By Senator Folger: S. B. 39, a bill to amend Chapter 302 of the Session
Laws of 1967, by changing and enlarging the membership of board of
directors and increasing benefits payable under the supplementary pension
fund for firemen in the town of Mount Airy.

Referred to Committee on Local Government.

By Senators Scott and L. Warren of Wayne: S. B. 40, a bill to exempt
the North Carolina Symphony Society, Incorporated, from certain privilege
license taxes.

Referred to Committee on Finance.

By Senators L. Warren of Wayne and Scott: S. B. 41, a bill to amend
General Statutes 135-1 so as to make permanent employees of the North
Carolina Symphony Society, Incorporated, eligible for membership in the
Teachers' and State Employees' Retirement System.

Referred to Committee on Personnel and Employment Programs.

By Senator Ellis: S. B. 42, a bill to amend General Statutes 20-279.21
relating to motor vehicle liability policies so as to provide that default
judgments taken against insureds shall not be used as a basis for judgment
against an insurer unless such insurer has had reasonable notice of the
pendency of suit against its insured and an opportunity to defend.

Referred to Committee on Insurance.

Upon motion of Senator J. White of Cleveland, the Senate adjourns to
meet tomorrow morning at 11 :45 o'clock.

FOURTEENTH DAY

Senate Chamber,
Thursday, January 30, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Donald Myers, Pastor, First Baptist
Church of Reidsville.

Senator J. White of Cleveland presents to the Senate "The Generation",
a group from the First Baptist Church of Shelby under the direction of
Mr. Van H. Ramsey, who present a short musical program.

The President extends the courtesies of the galleries to Mrs. James M.
Harper, Jr., a recent candidate for the office of Lieutenant Governor of
North Carolina.

Upon motion of Senators Bowles and Edwards, the courtesies of the
galleries are extended to Mr. Jake Froleich, Chairman, to Mrs. Paul Gil-

1969] SENATE JOURNAL 49

more, Vice-Chairman, and to the entire Guilford County Democratic Execu-
tive Committee, who are visiting Raleigh to celebrate "Guilford County
Day".

The President extends the courtesies of the galleries to Mrs. Jessamine
Bowles and to Mr. John Bowles, the wife and brother of Senator Bowles
of Guilford County.

The President extends the courtesies of the galleries to Mrs. Edward F.
Griffin, wife of Senator Griffin of Franklin County, and to Mrs. Mark
Lindsey, the sister of Senator James of Richmond County.

Upon motion of Senator West, the courtesies of the galleries are ex-
tended to Mr. H. Bueck, Superintendent of Macon County Public Schools,
and Mrs. Bueck, and to Mr. Peter Yonce, an exchange student from Holland
accompanying them.

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to the seventh grade of Our Lady of Lourdes School,
Raleigh, and to their teacher, Mrs. Linda Venuto.

The President grants leave of absence to Senator Moore for tomorrow,
Friday, January 31, 1969.

Upon motion of Senator McGeachy, S. B. 2, a bill to establish a system
of youth councils that will provide the youth of North Carolina an op-
portunity to develop leadership skills and become responsible citizens, is
taken from the Committee on Rules and re-referred to the Committee on
State Government.

Upon motion of Senator McGeachy, S. B. 7, a bill to protect children
through licensing of day-care facilities and other limited regulations, is
taken from the Committee on Rules and re-referred to the Committee on
Judiciary No. 2.

Upon motion of Senator McGeachy, S. B. 15, a bill to incorporate and
establish the central North Carolina school for the deaf, is taken from the
Committee on Rules and re-referred to the Committee on Education.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Higher Education: Senators Kirby, Chairman; Boger, Vice
Chairman; Coggins, Vice Chairman; Burney, Currie, Dent, Folger, Harring-
ton, MacLean, Maxwell, Nielson, Poovey, Rauch, L. Warren of Wayne,
V. White of Pitt.

Committee on State Government: Senators Henley, Chairman; Griffin,
Vice Chairman; Dent, Edwards, Ellis, Evans, Flaherty, Patterson.

Committee on Wildlife: Senators Moore, Chairman; V. White of Pitt,
Vice Chairman; Bryan, Folger, Harrington, McGeachy, Poovey, Penn, S.
Warren of Sampson.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

50 SENATE JOURNAL [Session

H. J. R. 28, a joint resolution honoring the Statesville Senior High School
Band.

H. J. R. 39, a joint resolution honoring the memory of a distinguished
servant of the people of North Carolina, Dr. Fredrick P. Brooks.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 3, a bill amending Chapter 151 of the General Statutes so as to
authorize constables to serve criminal and civil process, and authorizing
county commissioners to fix the salaries of constables, with a favorable
report.

Upon motion of Senator Bailey, the bill is re-referred to the Committee
on Courts and Judicial Districts.

S. B. 9, a bill to repeal Chapter 338 of the Session Laws of 1963 relating
to the boundary lines of the Lenoir School Administrative Unit, with a
favorable report, as amended.

Upon motion of Senator J. White of Cleveland, the amendment offered
by the Committee is adopted.

Upon motion of Senator Flaherty, the rules are suspended and the bill,
as amended, is placed upon its immediate passage.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

By Senator Bailey, for the Committee on Courts and Judicial Districts:

S. B. 5, a bill to make certain technical and clarifying amendments to
General Statutes Chapter 9, "jurors", with a favorable report.

By Senator Evans, for the Committee on Education:

S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to
provide for the at large nomination and election of members of the board
of education of Onslow County, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator J. White of Cleveland: S. B. 43, a bill authorizing the board
of commissioners of any county to modify the composition and mode of
election of the board.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 44, a bill to fix a uniform
schedule of fees to be charged by the register of deeds throughout North
Carolina.

Referred to Committee on Local Government.

By Senator MacLean: S. B. 45, a bill to amend General Statutes 14-128
and General Statutes 14-134.1 so as to increase penalty for violations.

1969] SENATE JOURNAL 51

Referred to Committee on Judiciary No. 2.

By Senators James, Burney, J. White of Cleveland and Ellis: S. B. 46, a
bill to authorize and make uniform the procedure making a gift of all or
part of a human body after death for specified purposes.

Referred to Committee on Public Health.

By Senators Staton and Joyner: S. B. 47, a bill to amend Chapter 24-10
of the General Statutes relating to seven percent interest on residential
loans so as to permit seven percent interest on certain church building and
improvement loans.

Referred to Committee on Banking.

By Senator Robinson: S. B. 48, a bill to make it a felony for a person
to remove a child from this State when a court has awarded custody to
another person.

Referred to Committee on Judiciary No. 2.

By Senators Nielson, Briggs, West, Wilkie and Flaherty: S. B. 49, a bill
to alter the salary schedules and to increase the salaries of public school
classroom teachers and other public school special service personnel.

Referred to Committee on Appropriations.

By Senator Poovey: S. B. 50, a bill to amend Article VI of the Constitu-
tion of North Carolina so as to lower the minimum voting age, and to
impose contractual obligations.

Referred to Committee on Constitution.

By Senator Saunders: S. J. R. 51, a joint resolution honoring the life and
memory of Wilbur Hoke Currie, former member of the General Assembly.

Upon motion of Senator Saunders, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House
of Representatives by special messenger.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives transmitting
the following bills and resolutions, which are read the first time and
disposed of as follows:

H. B. 24, a bill to extend the immunity for reporting cancer to employees
of physicians, pathologists, hospitals and other medical facilities.

Referred to Committee on Public Health.

Upon motion of Senator Bowles, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

FIFTEENTH DAY

Senate Chamber,
Friday, January 31, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

52 SENATE JOURNAL [Session

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

The President thanks the pages and pagettes for their services in the
Senate this week.

APPOINTMENTS

The President announces the appointment of the following standing
committees:

Committee on Banking: Senators S. Warren of Sampson, Chairman;
Ellis, Vice Chairman; Bagnal, Vice Chairman; Bailey, Bowles, Coggins,
Currie, Dent, Folger, Kirby, MacLean, Moore, Sapp, Saunders, L. Warren
of Wayne, Wood.

Committee on Manufacturing, Labor and Commerce: Senators Staton,
Chairman; Rauch, Vice Chairman; Coggins, Currie, Flaherty, Griffin, Har-
rington, Larkins, MacLean, Murrow, Wilkie.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
places on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by
changing and enlarging the membership of board of directors and in-
creasing benefits payable under the supplementary pension fund for fire-
men in the town of Mount Airy, with a favorable report.

S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem
property tax penalties and discounts in the town of Drexel, with a favorable
report

S. B. 37, a bill to grant zoning authority outside the city limits to the
city limits to the town of Mount Pleasant in Cabarrus County, with a
favorable report, as amended.

Upon motion of Senator J. White of Cleveland, the amendment offered
by the Committee is adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Wilkie: S. B. 52, a bill to amend General Statutes 20-11,
General Statutes 20-88.1 and General Statutes 115-202 to provide for night
driving experience for students in the driver education courses.

Referred to Committee on Highway Safety.

1969] SENATE JOURNAL 53

By Senator J. White of Cleveland: S. B. 53, a bill to permit a referendum
in municipalities concerning the sale of alcoholic beverages.

Referred to Committee on Alcoholic Beverage Control.

By Senator Bailey: S. B. 54, a bill to raise the salary or per diem of
certain officials of the General Court of Justice.

Referred to Committee on Appropriations.

By Senator McGeachy: S. B. 55, a bill to amend Chapter 120 of the
General Statutes so as to establish the Legislative Intern Program Council,
and to enable such council to promulgate and adopt a plan for legislative
interns and further providing for the funding of such program.

Referred to Committee on Rules.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 21, a bill to rewrite Chapter 630, Session Laws of 1967, so as to
provide for the at large nomination and election of members of the board
of education of Onslow County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 5, a bill to make certain technical and clarifying amendments to
General Statutes Chapter 9, "Jurors".

Passes its second and third readings and is ordered sent to the House of
Representatives.

SIXTEENTH DAY

Senate Chamber,
Saturday, February 1, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Mr. Bob Farrington of Raleigh.

Senator Bailey for the Committee on Rules announces that the Journal
of yesterday has been examined and found to be correct, and upon his
motion the reading of the Journal is dispensed with and it stands approved
as written.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

54 SENATE JOURNAL [Session

SEVENTEENTH DAY

Senate Chamber,
Monday, February 3, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

The President extends the courtesies of the galleries to Boy Scout Troop
No. 202 of Merry Oaks, and to Mr. W. A. Wood, Scoutmaster.

The President grants leave of absence to Senator Dent for tonight and
to Senator Currie for tonight and tomorrow, February 4, 1969.

enrolled bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. J. R. 51, a joint resolution honoring the life and memory of Wilbur
Hoke Currie, former member of the General Assembly.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Allsbrook: S. B. 56, a bill to amend General Statutes 20-7 (f)
so as to reward safe drivers by eliminating the requirement for taking
written and road tests when applying for renewal of operator's license.

Referred to Committee on Highway Safety.

By Senator Allsbrook: S. B. 57, a bill to authorize the Supreme Court
of North Carolina to receive and answer certificates as to state law
from federal courts.

Referred to Committee on Judiciary No. 1.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives transmitting
the following bills and resolutions, which are read the first time, and
disposed of as follows:

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to
passing at railroad intersections.

Referred to Committee on Highway Safety.

H. B. 36, a bill to amend the charter of the city of Mount Holly so as to
create a City Council consisting of five members.

Referred to Committee on Local Government.

1969] SENATE JOURNAL 55

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Haywood County.

Referred to Committee on Local Government.

H. J. R. 70, a joint resolution expressing the gratitude of the General
Assembly to Mrs. Annie E. Cooper for her services to the State.

Upon motion of Senator Moore, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 33, a bill to amend General Statutes 105-345 relating to ad valorem
property tax penalties and discounts in the town of Drexel.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 37, a bill to grant zoning authority outside the city limits to the
town of Mount Pleasant in Cabarrus County.

Passes its second and third readings as amended, and is ordered en-
grossed and sent to the House of Representatives.

S. B. 39, a bill to amend Chapter 302 of the Session Laws of 1967, by
creasing benefits payable under the supplementary pension fund for fire-
changing and enlarging the membership of Board of Directors and in-
men in the town of Mt. Airy.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Upon motion of Senator Edwards, the Senate adjourns to meet tomorrow
at 12 M.

EIGHTEENTH DAY

Senate Chamber,
Tuesday, February 4, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the floor to former Senators
Adam Whitley of Johnston County and Fred Royster of Vance County.

Upon motion of Senators Coggins and Bailey, the courtesies of the
galleries are extended to Mrs. Joseph Brennan and a group of children
from the New Bern Avenue Day Care Center, Raleigh.

56 SENATE JOURNAL [Session

Upon motion of Senator Allen, the courtesies of the galleries are ex-
tended to the seventh grade of Rogers-Herr Junior High School of Durham
and their teacher, Miss Vicki Joyner.

The President grants leave of absence to Senator Staton for today, and
to Senator Wood for tomorrow, February 5, 1969.

APPOINTMENTS

The President announces the following change in appointments to stand-
ing committees:

Senator Burney is removed from the Committee on Judiciary No. 1
and appointed to the Committee on Judiciary No. 2.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 23, a bill to authorize joint appeals from the several boards of
equalization and review to the State Board of Assessments, with a favor-
able report.

By Senator McGeachy, for the Committee on Rules:

S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to
establish the Legislative Intern Program Council, and to enable such council
to promulgate and adopt a plan for legislative interns and further pro-
viding for the funding of such program, with a favorable report, as
amended.

Upon motion of Senator McGeachy, the amendment offered by the Com-
mittee is adopted.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator James: S. B. 58, a bill to give the members of the police
departments of all cities, towns and municipalities in Richmond County the
authority to make arrests and serve criminal process in the territories
outside the corporate limits for a distance of two and one-half miles.

Referred to Committee on Local Government.

By Senator Burney: S. B. 59, a bill to provide for an additional resident
judge in the fifth judicial district.

Referred to Committee on Courts and Judicial Districts.

By Senator Burney: S. B. 60, a bill to amend General Statutes 41-2.1
relating to maintenance of joint bank accounts with right of survivorship.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 61, a bill to rewrite and clarify the statutory
limitation-upon-right to perform autopsy.

Referred to Committee on Judiciary No. 2.

1969] SENATE JOURNAL 57

By Senator Edwards: S. B. 62, a bill to amend the income tax laws so
as to permit the deduction of small contributions to political campaigns.

Referred to Committee on Judiciary No. 2.

By Senator Folger: S. B. 63, a bill amending General Statutes 105-4,
relating to inheritance tax exemptions, so as to provide that the exemp-
tions for surviving husbands shall be the same as for surviving wives.

Referred to Committee on Finance.

By Senator Boger: S. B. 64, a bill to amend General Statutes 1-239 so
as to permit waiver of notice by attorneys of record in certain cases.

Referred to Committee on Judiciary No. 2.

By Senator Poovey: S. B. 65, a bill to require each township to include
at least one election precinct but to allow additional precincts to encompass
territory from more than one township.

Referred to Committee on Election Laws.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives transmitting
the following bills and resolutions, which are read the first time and
disposed of as follows:

H. B. 23, a bill authorizing the board of education of Greene County to
convey property to the board of commissioners of Greene County.

Referred to Committee on Local Government.

H. B. 25, a bill to fill the vacancy on the Columbus County Board of
Education and to appoint a member to said board.

Upon motion of Senator Robinson, the rules are suspended and the bill
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. B. 17, a bill relating to the election of members of the Anson County
Board of Education so as to decrease the number elected in 1972 from
three to two and to increase the number elected in 1974 from one to two.

Referred to Committee on Local Government.

H. J. R. 74, a joint resolution honoring the life and memory of Franklin
Wills Hancock, Jr., former member of the General Assembly of North
Carolina and the United States House of Representatives.

Upon motion of Senator Griffin, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

House of Representatives,
Tuesday, February 4, 1969.

Mr. President:

It is ordered that a message be sent your Honorable Body requesting the
return for further consideration by the House of Representatives of H. B.
17, a bill to be entitled an act relating to the election of members of the
Anson County Board of Education so as to decrease the number elected

58 SENATE JOURNAL [Session

in 1972 from three to two and to increase the number elected in 1974
from one to two.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator Boger, H. B. 17, a bill relating to the election
of members of the Anson County Board of Education so as to decrease the
number elected in 1972 from three to two and to increase the number
elected in 1974 from one to two, is taken from the Committee on Local
Government and returned to the House of Representatives.

Upon motion of Senator Saunders, the Senate adjourns to meet tomorrow
at 12 M.

NINETEENTH DAY

Senate Chamber,
Wednesday, February 5, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the galleries and the floor to
former Senator Don Matheson of Orange County and Mrs. Matheson.

Upon motion of Senator Rauch, the President extends the courtesies of
the galleries to Mr. Duke England, County Manager of Gaston County,
and to Mrs. Rose Forrest of Gastonia.

Upon motion of Senator Penn, the President extends the courtesies of
the galleries to the Honorable Russell Newman, President of the North
Carolina Association of County Commissioners.

The President grants leave of absence to Senator James for tomorrow,
February 6, 1969, and to Senator Currie for today and the remainder of
the week.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. J. R. 70, a joint resolution expressing the gratitude of the General
Assembly to Mrs. Annie E. Cooper for her services to the State.

H. J. R. 74, a joint resolution honoring the life and memory of Franklin
Wills Hancock, Jr., former member of the General Assembly of North
Carolina and the United States House of Representatives.

H. B. 25, an act to fill the vacancy on the Columbus County Board of
Education and to appoint a member to said Board.

1969] SENATE JOURNAL 59

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator James, for the Committee on Public Health:

H. B. 24, a bill to extend the immunity for reporting cancer to employees
of physicians, pathologists, hospitals and other medical facilities, with a
favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Burney: S. B. 66, a bill to correct several separate state
board, commission and committee authorization acts to conform to General
Statutes 138-5 with regard to the amount of per diem payments authorized
for members.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 67, a bill to authorize the dedication of streets
in partition proceedings.

Referred to Committee on Judiciary No. 2.

By Senator James: S. B. 68, a bill to amend General Statutes 18-39(3),
so as to provide funds to the North Carolina Department of Mental Health
for education, research, treatment and rehabilitation of alcoholics and
mentally ill persons, and to provide facilities.

Referred to Committee on Mental Health.

By Senators J. White of Cleveland and James: S. B. 69, a bill to amend
General Statutes 58-254.4 and Chapter 57 of the General Statutes relating
to group accident and health insurance policies, so as to prohibit the ap-
plication of coordination of benefits or nonduplication provisions as be-
tween spouses separately insured under group policies.

Referred to Committee on Insurance.

By Senator Staton: S. B. 70, a bill to amend North Carolina General
Statute 127-106.1, relating to the power of arrest of members of the North
Carolina National Guard or state defense militia, for the purpose of grant-
ing members of the North Carolina National Guard or state defense
militia with immunity from criminal or civil prosecution for any acts
done in the performance of their duties during time of public disaster
or crisis.

Referred to Committee on Veterans and Military Affairs.

By Senator Dent: S. B. 71, a bill to amend Chapter 121, Private Laws
of 1931, to provide for the election of the City Council of the city of
Asheville, and solicitor and judge of police court.

Referred to Committee on Local Government.

By Senator MacLean: S. B. 72, a bill to amend the North Carolina Seed
Law so as to provide an alternative method for collecting funds under
said Act.

Referred to Committee on Agriculture.

60 SENATE JOURNAL [Session

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 23, a bill to authorize joint appeals from the several boards of
equalization and review to the State Board of Assessments.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 55, a bill to amend Chapter 120 of the General Statutes so as to
establish the Legislative Intern Program Council, and to enable such Council
to promulgate and adopt a plan for legislative interns and further pro-
viding for the funding of such program.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow
at 12 M.

TWENTIETH DAY

Senate Chamber,
Thursday, February 6, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Most Reverend Vincent S. Waters, Bishop of
the Roman Catholic Diocese of Raleigh.

Upon motion of Senators Joyner and Poovey, the courtesies of the
galleries are extended to the Public Speaking Class of Maiden High School,
Maiden, and to their teacher, Mr. Lanny Shelton.

Upon motion of Senators Henley and McGeachy, the courtesies of the
galleries are extended to one hundred pupils from the seventh grade of
the J. W. Coon School of Cumberland County, and to their teacher, Mr.
Fred Hall.

Upon motion of Senator Flaherty, the courtesies of the galleries are
extended to Mr. Lewis Price, Lenoir City Manager, Mr. Charles Poovey,
Assistant City Manager of Lenoir, and to Mr. Melvin Holmes, Caldwell
County Manager.

Upon motion of Senator Wilkie, the courtesies of the galleries are ex-
tended to Mr. Curtiss Russ, publisher of The Waynesville Mountaineer and
Highway Commissioner for the Fourteenth Division.

Upon motion of Senator V. White of Pitt, the President extends the
courtesies of the galleries to the Reverend Willis W. Wilson of Winterville,
President of the North Carolina Free Will Baptist Convention and 1969
Free Will Baptist Minister of the Year; to the Reverend David Hansley,

1969] SENATE JOURNAL 61

General Secretary of the Free Will Baptist Convention; and to the Reverend
Cedric Pierce, Jr., Pastor of Black Jack Church, Greenville.

The President extends the courtesies of the galleries to Mr. Carl Renfro
of Wilson, a member of the State Highway Commission.

Upon motion of Senators Boger and Patterson, the courtesies of the
galleries are extended to Superior Court Judge Walter E. Brock of
Wadesboro.

The President grants leave of absence to Senator Bailey for today, and
to Senators Joyner, Gurganus, Evans and MacLean for tomorrow, February
7, 1969.

The President recognizes Senator Saunders who was voted "The Most
Admired Man in Moore County" in an election sponsored by The Sandhill
Citizen and The Robbins Record, weekly newspapers published in Moore
County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 20, a bill relating to the Forsyth County Peace Officers' Association,
with a favorable report, as amended.

H. B. 23, a bill authorizing the board of education of Greene County to
convey property to the board of commissioners of Greene County, with a
favorable report.

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con-
demnation of land for school purposes so as to increase the maximum size
of such sites to fifty acres, with a favorable report.

By Senator J. White of Cleveland, for the Committee on Loval Govern-
ment:

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Haywood County, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations, with a favorable report,
as amended.

S. B. 61, a bill to rewrite and clarify the statutory limitation upon right
to perform autopsy, with a favorable report.

S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit
waiver of notice by attorneys of record in certain cases, with a favorable
report.

S. B. 66, a bill to correct several separate state board, commission and
committee authorization acts to conform to General Statutes 138-5 with
regard to amount of per diem payments authorized for members, with a
favorable report, as amended.

62 SENATE JOURNAL [Session

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Scott: S. B. 73, a bill to amend General Statutes 20-7 (f) to
permit a person temporarily residing outside North Carolina to renew an
operator's license by mail.

Referred to Committee on Highway Safety.

By Senator Rauch, Coggins, Ellis, Penn, Henley and Bowles: S. B. 74,
a bill to amend Article 2 of Chapter 20 to provide for suspension of opera-
tor's license of provisional licensee for dropping out of school.

Referred to Committee on Highway Safety.

By Senator Burney: S. B. 75, a bill to permit written declarations in lieu
of oaths before an officer.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 76, a bill to provide for instruments to secure
future advances and future obligations.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 77, a bill to amend the laws relating to
mechanics and materialmen's liens.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 78, a bill to correct certain errors in the
General Statutes.

Referred to Committee on Judiciary No. 2.

By Senators Ellis, Staton and Gurganus: S. B. 79, a bill to increase from
$5,000 to $15,000 the civil jurisdiction of the district court division of the
General Court of Justice.

Referred to Committee on Courts and Judicial Districts.

By Senator McGeachy: S. J. R. 80, a joint resolution inviting His Ex-
cellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:30 p.m., Wednesday, February 12, 1969.

Upon motion of Senator McGeachy, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives transmitting
the following bills and resolutions, which are read the first time and
disposed of as follows:

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis.

Referred to Committee on Rules.

H. J. R. 91, a joint resolution honoring the life and memory of John
Wesley Umstead, Jr.

Upon motion of Senator Wood, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

1969] SENATE JOURNAL 63

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 24, a bill to extend the immunity for reporting cancer to employees
of physicians, pathologists, hospitals and other medical facilities.

Upon motion of Senator Allsbrook, consideration of the bill is postponed
until tomorrow, February 7, 1969.

Upon motion of Senator Larkins, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

TWENTY-FIRST DAY

Senate Chamber,
Friday, February 7, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President grants leave of absence to Senator Dent for today and
to Senator Johnson for Monday, February 10, 1969.

APPOINTMENTS

The President announces the appointment of the following standing
committee:

Committee on Election Laws: Senators Norton, Chairman; Kirby, Vice-
Chairman; Boger, Bowles, Briggs, Ellis, James, Moore, Nielson, Scott.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of as follows:

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance
Norman.

Referred to Committee on Rules.

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock,
former legislator.

Referred to Committee on Rules.

H. J. R. 103, a joint resolution opposing the Federal Communications
Commission's regulation prohibiting cigarette advertising on radio and
television.

Upon motion of Senator Kirby the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

64 SENATE JOURNAL [Session

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 20, a bill relating to the Forsyth County Peace Officers' Association.

Upon motion of Senator J. White of Cleveland, the amendment offered
by the Committee is adopted.

The bill, as amended, passes its second and third readings and is
ordered engrossed and sent to the House of Representatives.

S. B. 25, a bill to rewrite General Statutes 115-125 relating to the con-
demnation of land for school purposes so as to increase the maximum size
of such sites to fifty acres.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.

Upon motion of Senator Boger the Committee amendments are adopted.

Upon motion of Senator Boger consideration of the bill is postponed
until Monday, February 10, 1969.

S. B. 61, a bill to rewrite and clarify the statutory limitation-upon-right
to perform autopsy.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 64, a bill to amend General Statutes 1-239 (b) so as to permit
waiver of notice by attorneys of record in certain cases.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 66, a bill to correct several separate state board, commission and
committee authorization acts to conform to General Statutes 138-5 with
regard to the amount of per diem payments authorized for members.

Upon motion of Senator Boger the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 23, a bill authorizing the board of education of Greene County to
convey property to the board of commissioners of Greene County.

Passes its second and third readings and is ordered enrolled.

H. B. 24, a bill to extend the immunity for reporting cancer to employees
of physicians, pathologists, hospitals and other medical facilities.

Passes its second and third readings and is ordered enrolled.

H. B. 40, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Haywood County.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Allsbrook, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 7:30 o'clock.

1969] SENATE JOURNAL 65

TWENTY-SECOND DAY

Senate Chamber,
Saturday, February 8, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Mrs. Annie Jo Howell of Raleigh.

Senator Poovey, for the Committee on Rules, announces that the Journal
of yesterday has been examined and found to be correct, and upon his
motion the reading of the Journal is dispensed with and it stands approved
as written.

Upon motion of Senator Poovey, the Senate adjourns to meet Monday
evening at 7:30 o'clock.

TWENTY-THIRD DAY

Senate Chamber,
Monday, February 10, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President recognizes and extends the courtesies of the galleries to
Mr. B. H. Byerly and Dr. J. H. Byerly of Sanford, Dr. and Mrs. Claude
Byerly of Siler City, Mr. and Mrs. Charles T. Byerly and Dr. and Mrs.
Charles T. Byerly, Jr. and children of Durham, members of the family of
the late S. Ray Byerly, who served as Principal Clerk of the Senate from
1937 to 1967, inclusive.

The President grants leave of absence to Senators Harrington and
Patterson for tonight.

REPORT OF COMMITTEE

Senator McGeachy for the Committee on Rules recommends that Rule
No. 32 be amended as follows:

By changing the title "Committee on Rules" to "Committee on Rules and
Operation of the Senate."

Upon motion of Senator McGeachy, the recommendation of the Committee
on Rules is adopted.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

66 SENATE JOURNAL [Session

H. J. R. 91, a joint resolution honoring the life and memory of John
Wesley Umstead, Jr.

S. J. R. 80, a joint resolution inviting His Excellency, the Governor, to
address a Joint Session of the Senate and House of Representatives at
12:30 p.m., February 12, 1969.

H. J. R. 103, a joint resolution opposing the Federal Communications
Commission's regulation prohibiting cigarette advertising on radio and tele-
vision.

S. B. 21, an act to rewrite Chapter 630, Session Laws of 1967, so as to
provide for the at-large nomination and election of members of the board
of education of Onslow County.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Staton and Allsbrook: S. J. R. 81, a joint resolution com-
memorating the life and memory of S. Ray Byerly.

Upon motion of Senator Staton, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

Upon motion of Senator Staton, S. J. R. 81, a joint resolution com-
memorating the life and memory of S. Ray Byerly, is ordered spread upon
the Journal, as follows:

S. J. R. 81, a joint resolution commemorating the life and memory of
S. Ray Byerly.

WHEREAS, S. Ray Byerly was born in Lee County, North Carolina, on
the 21st day of June, 1903, and died unexpectedly at the age of 64 years
on the 5th day of November, 1967, after a lifetime of unselfish and dis-
tinguished service to his native County of Lee and State of North Carolina;
and

WHEREAS, Mr. Byerly was a graduate of Wake Forest College and
the Wake Forest Law School; and

WHEREAS, Mr. Byerly was an outstanding member of the Lee County
Bar and the North Carolina Bar Associations; and

WHEREAS, Mr. Byerly served as Judge of the Lee County Recorders
Court for 18 years; and

WHEREAS, Mr. Byerly was an active member of the First Baptist
Church of Sanford and gave freely of his time and talents in numerous
community projects; and

WHEREAS, Mr. Byerly was Principal Clerk of the Senate of the State
of North Carolina continuously from 1937 until the time of his death on
the 5th day of November, 1967; and

WHEREAS, Mr. Byerly was highly regarded as a parliamentarian and
contributed immeasurably to the work of the State Senate; and

WHEREAS, by his untiring and devoted public service to the North
Carolina Senate, Mr. Byerly contributed immeasurably to the constructive
progress of the State of North Carolina; and

1969] SENATE JOURNAL 67

WHEREAS, in the death of Mr. Byerly, the State of North Carolina has
suffered the loss of an outstanding citizen, attorney and public servant;
and

WHEREAS, the Senate wishes to record its appreciation of his life and
his contribution to this body and to the State of North Carolina and to
express its sympathy to his family:

NOW, THEREFORE, be it resolved by the Senate, the House of Repre-
sentatives concurring:

Section 1. That in the death of S. Ray Byerly the State of North Caro-
lina and Lee County have lost an outstanding' public servant, an eminently
able parliamentarian, and an outstanding, useful, loyal citizen.

Sec. 2. That the Senate has sustained an incalculable loss.

Sec. 3. That the General Assembly does hereby express its apprecia-
tion of S. Ray Byerly as a devoted public servant and citizen, and does
hereby extend its sympathy to his family for the loss of its distinguished
member.

Sec. 4. That this Resolution shall become a part of the Public Record of
the 1969 Session of the General Assembly, and a copy shall be duly certified
by the Secretary of State and forthwith transmitted to the family of Mr.
Byerly.

Sec. 5. That this Resolution shall become effective upon its adoption.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487
of the Session Laws of 1967, to fix the organization meeting of the city
council.

Referred to Committee on Local Government.

H. B. 56, a bill to make the eight year statute of limitations on ad
valorem tax refunds contained in General Statutes 105-405.1 applicable in
Cumberland County and Fayetteville by repealing Chapter 676 of the
Session Laws of 1959.

Referred to Committee on Local Government.

H. B. 64, a bill to amend General Statutes 143-117 relating to payment of
costs by patients at certain state institutions so as to include the North
Carolina Sanatorium System.

Referred to Committee on Public Health.

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that
certain papers and documents registered in Pitt County show thereon the
name of the draftsman.

Referred to Committee on Local Government.

H. B. 77, a bill amending General Statutes 30-15 so as to increase the
year's allowance of a surviving spouse to two thousand dollars.

Referred to Committee on Judiciary No. 1.

68 SENATE JOURNAL [Session

H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles
Fountain, former legislator.

Upon motion of Senator V. White of Pitt, the rules are suspended and
the resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.

Upon motion of Senator Boger, consideration of the bill is postponed
until Wednesday, February 12, 1969.

Upon motion of Senator Burney, the Senate adjourns to meet tomorrow
at 12 M.

TWENTY-FOURTH DAY

Senate Chamber,
Tuesday, February 11, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by Reverend Russell B. Fleming, Senate Chaplain.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces that the Journal of yesterday has been examined and
found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

The President extends the courtesies of the galleries to Mr. J. Marse
Grant, Editor of The Biblical Recorder, and to a group of Baptist editors
and executive secretaries from thirty states of the Southern Baptist Con-
vention.

Upon motion of Senators Bagnal and Nielson, the President extends the
courtesies of the galleries to one hundred eighty high school students from
Winston-Salem under sponsorship of the Winston-Salem Urban League,
together with their sponsors, Misses Ruth Harris and Johnnie Booker and
Mr. Benjamin Henderson.

Upon motion of Senator West, the President extends the courtesies of
the floor to the Honorable Mary Faye Brumby, former member of the
Senate and former member of the House of Representatives.

Upon motion of Senator Griffin, the President extends the courtesies of
the galleries to the Honorable W. L. Lumpkin of Louisburg, a former
member of the Senate.

Upon motion of Senators Saunders and James, the President extends the
courtesies of the galleries to sixty-six seventh graders of the North
Davidson Junior High School, Lexington, and to their teacher, Mrs. Mildred
S. Hill, whose son Eddie is serving as a Senate page this week.

1969] SENATE JOURNAL 69

The President announces the appointment of a committee comprised of
Senators Harrington and Penn to escort the Governor to a Joint Session
of the Senate and House of Representatives on Wednesday, February 12,
1969.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. B. 9, an act to repeal Chapter 338 of the Session Laws of 1963 re-
lating to the boundary lines of the Lenoir school administrative unit.

H. B. 23, an act authorizing the board of education of Greene County to
convey property to the board of commissioners of Greene County.

H. B. 24, an act to extend the immunity for reporting cancer to em-
ployees of physicians, pathologists, hospitals and other medical facilities.

H. B. 40, an act amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Haywood County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Claude Currie, for the Committee on Alcoholic Beverage
Control:

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter 413
of 1963 Session Laws, relating to the Town of Morganton Board of
Alcoholic Beverage Control, so as to increase the share of net profits
allocable to finding alcoholism causes and cures and to broaden scope of
activities authorized therefor and for other purposes, with an unfavorable
report as to bill, favorable as to committee substitute bill.

Upon motion of Senator Currie the substitute bill is placed on today's
Calendar.

By Senator Bailey, for the Committee on Courts and Judicial Districts:

S. B. 34, a bill to amend various sections of the General Statutes to take
into account the existence of the Court of Appeals, with a favorable report,
as amended.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 62, a bill to amend the income tax laws so as to permit the de-
duction of small contributions to political campaigns, with a favorable
report, as amended.

Upon motion of Senator Boger the bill is re-referred to Committee on
Finance.

S. B. 75, a bill to permit written declarations in lieu of oaths before an
officer, with a favorable report, as amended.

70 SENATE JOURNAL [Session

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Burney and Evans: S. B. 82, a bill directing the State Board
of Education to conduct a study as to the feasibility of introducing into
the public school system curriculum instruction in the environment and
natural resources and appropriating funds for said study.

Referred to Committee on Education.

By Senators Rauch and Coggins: S. B. 83, a bill to amend General
Statutes 20-179 relating to punishment for driving while under the in-
fluence of intoxicating liquor or narcotic drugs to mandatorily require,
upon conviction, active sentences of imprisonment for not less than five
days and allowing the trial judge to specify the dates and days to be
served.

Referred to Committee on Highway Safety.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following message is received from the House of Representatives:

House of Representatives,
Tuesday, February 11, 1969.

Mr. President :

It is ordered that a message be sent your Honorable Body with the
information that pursuant to S. R. 80, "A Joint Resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:30 p.m., Wednesday, February 12, 1969."
The Speaker has appointed on the part of the House of Representatives
to serve with a like Committee of the Senate, Messrs. Church, Carson,
Collins and Ridenour.

Respectfully,

Jo Ann Smith, Principal Clerk

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter
413 of 1963 Session Laws, relating to the Town of Morganton Board of
Alcoholic Beverage Control, so as to increase the share of net profits
allocable to finding alcoholism causes and cures and to broaden scope of
activities authorized therefor and for other purposes.

Upon motion of Senator Currie the Committee Substitute is adopted.

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow
at 12 M.

1969] SENATE JOURNAL 71

TWENTY-FIFTH DAY

Senate Chamber,
Wednesday, February 12, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Norris L. Fellows, Pastor of Northgate
Presbyterian Church, Durham.

enrolled bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. J. R. 105, a joint resolution honoring the memory of Benjamin Eagles
Fountain, former legislator.

S. J. R. 81, a joint resolution commemorating the life and memory of
S. Ray Byerly.

REPORTS of COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Loval Govern-
ment:

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487
of the Session Laws of 1967, to fix the organization meeting of the city
council, with a favorable report.

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that
certain papers and documents registered in Pitt County show thereon the
name of the draftsman, with a favorable report.

S. B. 30, a bill granting ordinance-making authority to counties, with an
unfavorable report as to bill, favorable report as to Committee substitute
bill.

Upon motion of Senator J. White of Cleveland, the bill is placed upon
today's Calendar.

By Senator Edwards, for the Committee on Insurance:

S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor
vehicle liability policies so as to provide that default judgments taken
against insureds shall not be used as a basis for judgment against an

72 SENATE JOURNAL [Session

insurer unless such insurer has had reasonable notice of the pendency of
suit against its insured and an opportunity to defend, with a favorable
report, as amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Allsbrook: S. J. R. 84, a joint resolution creating the Com-
mission on Reorganization of State Government.

Referred to Committee on State Government.

By Senators Allsbrook and Edwards: S. B. 85, a bill to amend the motor
vehicles law with regard to notation of security interests on titles so as
to conform to the uniform commercial code.

Referred to Committee on Judiciary No. 1.

By Senator James: S. B. 86, a bill to increase and fix tuition fees for
nonresident students in certain state institutions of higher education.

Referred to Committee on Higher Education.

By Senator James: S. B. 87, a bill to amend General Statutes 160-181.2
so as to include the city of Hamlet in the extraterritorial jurisdiction for
zoning purposes.

Referred to Committee on Local Government.

By Senator Folger: S. B. 88, a bill to authorize the qualified voters of
the town of Mount Airy to determine whether or not alcoholic beverage
control stores shall be established in said town and to prescribe the
disposition of the net profits thereof.

Referred to Committee on Alcoholic Beverage Control.

By Senator Staton: S. B. 89, a bill to amend Chapter 614, Session Laws
of 1965, and General Statutes 153-9(17) relating to notice of closing of
streets in the city of Sanford.

Referred to Committee on Local Government.

By Senators Bailey and Coggins: S. B. 90, a bill to amend Chapter 989,
Session Laws of 1967, to clarify election procedures in annexed areas.

Referred to Committee on Local Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Committee Substitute for S. B. 6, a bill to amend Section 7 of Chapter
413 of 1963 Session Laws, relating to the Town of Morganton Board of
Alcoholic Beverage Control, so as to increase the share of net profits
allocable to finding alcoholism causes and cures and to broaden scope of
activities authorized therefor and for other purposes.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 30, a bill granting ordinance-making authority to counties.

Upon motion of Senator J. White of Cleveland, the Committee Substitute
is adopted, and the bill remains upon the Calendar.

1969] SENATE JOURNAL 73

S. B. 34, a bill to amend various sections of the General Statutes to take
into account the existence of the Court of Appeals.

Upon motion of Senator Bailey, the amendment offered by the Com-
mittee is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.

Upon motion of Senator MacLean, the bill is re-referred to the Com-
mittee on Judiciary No. 2.

S. B. 75, a bill to permit written declarations in lieu of oaths before an
officer.

Upon motion of Senator Boger, the amendment offered by the Committee
is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following message is received from the House of Representatives:

House of Representatives,
February 12, 1969.
Mr. President :

It is ordered that a message be sent your Honorable Body with the
information that pursuant to S. R. 80, "A Joint Resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:30 P.M., February 12, 1969," the House
of Representatives stands ready to receive the Senate in Joint Session at
the hour appointed.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint
Session with the House of Representatives for the purpose of receiving the
Governor's Budget Message, and upon his motion upon dissolution of the
Joint Session, the Senate stands adjourned to meet tomorrow at 12 M.

JOINT SESSION

The Senate is received by the members of the House of Representatives
standing, and the Joint Session is called to order by Lieutenant Governor
H. Patrick Taylor, Jr.

The President recognizes Senator Harrington, who presents His Ex-
cellency, Governor Robert W. Scott, who delivers the following address:

Mr. President, Mr. Speaker, Members of the General Assembly of North
Carolina :

The Executive Budget Act requires the Governor of North Carolina to
come before the General Assembly to present a recommended budget for
the coming biennium.

74 SENATE JOURNAL [Session

The proposed budget must, by law, be balanced with respect to income
and expenditures. This requirement is wise and it has saved us many
headaches and helped us to avoid many pitfalls. It has been a big factor
in maintaining fiscal responsibility. It has enabled us to enjoy the highest
credit rating available to state governments, something that few other
states can claim. The "balanced budget" requirement of our law must not
be altered.

I appear before you today to report that the government of North
Carolina is financially sound in every respect. Revenues have exceeded
expenditures during the past eighteen months. Careful budgeting by the
1967 General Assembly and prudent spending during the current biennium
will enable us to anticipate a credit general fund balance on June 30, 1969
of approximately $127,431,000.

It should be stated clearly that this is not a surplus. The sum represents
receipts over expenditures and reversion of unexpended appropriated funds.
It will be carried forward into the coming biennium and has already been
included in the construction of the recommended budget.

On your desks when this General Assembly convened you found four
budget documents: the "A" Budget, representing the money needed to
maintain current programs at their present level of operation; the "B"
Budget, representing the requests and recommendations to improve and
expand current programs and to establish new programs; the "C" Budget,
representing requests and recommendations for specific capital improve-
ments; and the Budget Summary, which also contains the budget state-
ments.

The budget recommendations presented to you on January 15 are those
of the administration of my predecessor, Governor Moore. It was compiled
by the Advisory Budget Commission after many hours of hearing testimony
by state agencies and visits to state institutions and facilities throughout
North Carolina. A tremendous amount of time and effort by the Advisory
Budget Commission, the Budget Division staff, the previous Director of
Administration and administrators of state agencies have gone into the
making of that budget and I commend them for it.

The budget process in North Carolina is cumbersome and slow, but I
doubt that there is a state budget anywhere that is more carefully
scrutinized and analyzed than ours. The taxpayer of North Carolina can
rightfully feel that their tax dollar is very carefully weighed before
being appropriated.

I commend the "A" budget to you and recommend its adoption.

The General Fund "B" budget requests totaled more than $523,910,452
as state agencies sought money to expand present programs or to initiate
new ones.

The recommendations found in the "B" budget, however, totaled only
$173,444,097. This was a great disappointment to many. But the recom-
mendations represented the best judgment of the previous administrations
in appropriating the estimated available funds, including the anticipated
general fund credit balance of $127,431,000.

I have examined carefully this proposed "B" budget. Department heads
have talked with me and my staff of their needs.

1969] SENATE JOURNAL 75

I have received much correspondence from citizens who have expressed
concern for certain items which were not included.

After careful review, I conclude that the recommendations found in the
"B" budget can be justified and are very much needed. Therefore, I commend
those recommendations to you and urge their adoption.

But I find that additional appropriations are essential to the progress
of our State.

We cannot turn our backs on the times, nor can we simply mark time and
allow the measure of our advance to slip away from us. Most important
of all, however, we cannot forfeit our future.

We must indeed make a greater investment in that future; first, by as-
suring good health, both physical and mental, for all our people and
especially for our children.

Second, we must provide a greater economy potential for our people,
especially the young who are potential dropouts rather than self-supporting
citizens. And third, we need to give great help to our communities so
they may go forward in peace and harmony.

To this end I am asking that expanded programs in mental health be
initiated, that a rejuvenated vocational education program be provided in
the middle grades in our schools; that a Department of Community
Affairs be created to give assistance to community development; and that
our Good Neighbor Council be enlarged and given sufficient funds in
prospective programs in human relations.

I will have more to say about these and other programs later in this
message, because these are steps that must be taken to protect our invest-
ment in the future of North Carolina.

CAPITAL IMPROVEMENTS

The general fund "C" budget, often called the "bricks and mortar"
budget, recommends that a total $55,957,082 be allocated for capital ex-
penditures. This does not, of course, meet nearly all the needs of our State
which is growing rapidly. Again, however, it represents the best judgment
for the wise use of available funds by the previous administration. I
recommend the adoption of the "C" budget recommendations.

The total requests from all sources by all agencies for capital improve-
ments is $400,005,999. The "C" budget recommends an appropriation from
all funds of $89,636,082, leaving a balance of unmet needs of $310,369,917.

We cannot realistically meet all of these needs, even with a capital
improvements bond issue.

As much as I would like to get on with the building of many new
facilities for our educational institutions, mental hospitals and other needed
service agencies, I do not recommend a capital improvements bond issue
at this time.

The current bond market and interest rates present a very difficult
situation for a new bond issue. Interest rates have reached all-time peaks
for the past fifty years and are currently holding at that level. The cost
to the State for a bond issue would likely be the highest in our history.
Hopefully, interest rates will not exceed their present level and, before the

76 SENATE JOURNAL [Session

next General Assembly meets, will recede somewhat. Perhaps a bond issue
can be considered at that time.

You will recall that the General Assembly of 1967 appropriated in excess
of $110 million from the general fund for capital improvements which did
not include over 75 million dollars from self-liquidating, federal and other
funds. Much of this construction is still going on and the buildings are yet
to be used. Further, I am convinced that many of our institutions of
higher education can make more efficient use of their classroom space.

I do ask, however, that you add to the "C" budget from the general fund
the sum of $2,500,000 for capital improvements. This money would be used
to provide buildings and equipment to treat mentally retarded infants,
house the School of Allied Health Professions at East Carolina University
and a livestock and poultry disease diagnostic laboratory.

There are many more capital improvements which are very much needed
and which can be justified, but I do not feel that these can be funded from
general fund revenues. The pressing needs of our colleges and universities,
the medical school at Chapel Hill, our mental institutions, prison system,
parks and all the others can only be met by a capital improvements bond
issue which, in all honesty and with great reluctance, I cannot recommend
at this time.

I return now to a consideration of the "B" budget — the budget that pro-
vides for new programs and the improvement of current programs.

The thrust of my administration will be to look to the future and prepare
for it. This will require sharp emphasis upon comprehensive long-range
planning. It will require efforts now to assist local governments in finding
ways to meet their increasing complex problems.

The core of this program will be a new department of state government
to provide expanded service to local governments. It is not intended to be a
regulatory agency but one that will assist our counties and towns, particu-
larly the smaller ones without the needed staff or budget, to plan for the
future and to get the maximum benefit from the multitude of federal
funds available.

The nucleus of this department already exists in our state government.
By the pulling together into one department those programs already
existing, there will be a net reduction in the number of separate agencies,
something that is to be highly desired.

I consider the establishment of this Department of Local Affairs to be a
high priority item.

I recommend that state employees under the State Personnel Act be
given an average 10 percent salary increase on a graduated scale, with
those in the lower salary range receiving a greater percentage than those
in the higher range. To me, the "across the board" principle is not always
equitable.

Comparable salary increases should also go to those not under the State
Personnel Act, such as school bus mechanics, extension service secretaries,
etc.

Much has been said about bringing teacher salaries up to the national
average. That is my goal. But it cannot be accomplished entirely during

1969] SENATE JOURNAL 77

this biennium. Instead, the goal of a national average for our teachers
must come in two steps, one in this biennium and one in the next.

The current "B" budget recommends a salary increase of 5% in 1969
and another 5% in 1970. I am recommending that this figure be doubled
to ten and ten. This will require $50,633,565 over and above that presently
recommended. I believe that is all the State can afford at the moment.

We must remember that it is exceedingly difficult for us to pay the
national average for our professional educational people when our citizens,
who must foot the bill, do not have anywhere near the national average
personal income from which to pay taxes.

Further, when we speak of increasing educational salaries, we are
talking about almost 45 percent of the General Fund budget for teachers
alone.

Nevertheless, we must reach the goal during this administration. This
recommended increase will bring it within our grasp two years hence.

While we are on this subject of teacher salaries, I suggest that when
we reach the national average figure, that there be a method devised to
pay an educator according to his worth. Many are better than average.
Others are below. It doesn't seem equitable that they all be paid the same.
The better teachers are penalized and the poor ones are subsidized and
the child in the classroom is the victim of the system.

I am recommending a salary increase of eight percent the first year
and an additional eight percent the second year of the biennium for faculty
salary increases at our institutions of higher learning. This will cost about
$7,500,000 in addition to the present recommendations for this group of
employees.

For faculty salary increases in our community college system, I am
recommending eight percent the first year and eight percent the second
year of the biennium, which will cost over $3,000,000 beyond the "B" budget
recommendations.

I feel it is only fair to provide school bus transportation for children
who live in urban areas just as we have had for rural students for many
years. All parents, regardless of where they live, pay the cost of our
school transportation system.

Further, I believe it is imperative that we provide school bus trans-
portation for special education systems — those who must travel to another
school to attend classes for the emotionally disturbed, the educable mentally
retarded and the physically handicapped.

Therefore, I am recommending that $3,298,552 be appropriated for urban
student school transportation and an additional $735,847 be appropriated
to provide school bus transportation for handicapped children.

School dropouts continue to be a serious problem in our educational pro-
gram. It is a definite factor in our low per capita income. Somehow we
must find the means to interest our children in continuing their education.

A comprehensive program of occupational education for children in the
middle grades will be a giant step toward reducing the school dropout
problem. Adding more teachers to already existing vocational programs
will not solve this problem. We cannot implement this program all at once,

78 SENATE JOURNAL [Session

but we can begin. A workable course of study and plans to implement it are
presently underway in the Department of Public Instruction.

Therefore, I recommend that the sum of $4,000,000 be set aside in a
reserve fund to be held in the Budget Division to be released to the De-
partment of Public Instruction when the plan is ready to implement.

I further urge that the State Board of Education re-examine the entire
vocational education program to this end that our students may be offered
a wider variety of opportunities in this area. I am concerned that the
student receives vocational training, industrial training and occupation
guidance in keeping with a modern North Carolina and that we prepare
him for life in his future rather than in our present.

Expanded programs for retarded children and mental health generally
will require about $2,310,000 additional appropriations.

A major need in North Carolina today is to strengthen the hand of our
law enforcement agencies. This can be done to some extent by tightening
up and clarifying the criminal laws in our State.

With a growing population, however, and the increased incidence of
crime, especially the use of drugs among our young people, it is urgent that
we provide better equipment and more manpower for our law enforcement
agencies.

To improve our efforts in law and justice in North Carolina, I am
recommending that $3,025,000 be appropriated in this general area. These
funds will be used primarily to implement the Police Information Network
(PIN) linking all of our law enforcement agencies together, and more
manpower and better equipment for the State Bureau of Investigation.

The Governor's Coordinating Council on the Aging has completed a
comprehensive study on the problems and needs of our elder citizens in
North Carolina. I commend this report to you.

Inasmuch as the state provides no benefits to senior citizens in the low
income brackets, those who need assistance the most, I am recommending
that a tax refund of $25.00 be given to all persons 65 years of age or older
who have income of less than $3,000 annually. This program will result in
a loss to the general fund of $16,000,000 for the biennium.

There are many single people today who cannot qualify for a head of
household exemption, but who are maintaining a house or apartment for
themselves. This is an inequitable tax. I recommend, therefore, that single
people be granted state income tax exemptions equal to those presently
receiving the $2,000 exemptions. This will result in a net loss from the
general fund for the biennium of $5,000,000.

Other additions to the "B" budget recommendations that I propose in-
clude funds to upgrade and strengthen the Good Neighbor Council, provide
a beginning for a State zoo, funds to match anticipated Federal grants in
the new area of marine sciences and for soil and water conservation pro-
grams. This will call for $3,515,000 additional money.

The additions to the "B" budget that I have recommended add up to
slightly over $92,000,000.

Add to this the $21,000,000 loss in general fund revenue from tax relief
recommendations and the $2,500,000 for capital improvements, and we have

1969] SENATE JOURNAL 79

the grand total of $115,865,665 in additional revenues needed for our
General Fund.

An additional $5,000,000 will be required from the highway fund to meet
the salary increases proposed for state employees generally, but whose
salary comes from highway revenues.

TAX RECOMMENDATIONS

I recommend to this General Assembly that the money to implement my
recommendations to you be provided from the following sources. All figures
are for the biennium.

An additional 10 percent tax on liquor which will yield $26,000,000.

An increase in the tax rate on beer by 1.5 cents per bottle over six
ounces but less than 12 ounces and equivalent rates on other quantities
with the State to retain all additional revenue. This will yield $15,000,000.

A tax on cigarettes at the rate of five cents per package of twenty will
yield $50,000,000.

A tax on cigars of two cents each will yield $7,000,000.

An increase of one-half of one percent in all rates on insurance premiums
will yield $10,000,000.

An increase in the sales tax on motor vehicles, boats and locomotives
from the present 1.5 percent to 2 percent with the maximum remaining
at $120 will yield $8,500,000.

An increase in bank excise tax rates from the present 4.5 percent to
6 percent will yield $1,000,000.

An increase by one-fourth in the rates at which Building and Loan
Associations are taxed will yield $1,000,000.

These recommended sources and rates will provide $118,500,000 for the
General Fund.

The enactment of these recommendations will meet my recommended
additional General Fund expenditures and provide a cushion of over
$2,500,000.

HIGHWAY FUND

We must have more money for road construction and maintenance. Costs
for both maintenance and new construction have risen sharply, at a far
greater rate than our highway revenues. In addition, the increasing oper-
ating costs of the Department of Motor Vehicles, including the adding of
highway patrolmen, continues to drain away funds that most people believe
are available for roads.

Most of the requests, verbally and by mail, coming to my office are pleas
from our citizens to improve our roads, both primary and secondary.

A thorough study by a commission named by Governor Moore reveals
that under our present system of financing highway costs, there will be no
money left from state funds for new construction by 1974.

I repeat, we must have money for roads.

Therefore, I strongly recommend that motor fuel taxes be increased by
two cents per gallon and that license taxes on automobiles, trucks and
other vehicles be increased by one-fourth.

80 SENATE JOURNAL [Session

The motor fuel tax will provide $88,000,000 and the increase in license
fees will yield $21,000,000 for a total income to the Highway Fund of
$109,000,000 for the biennium.

I point out that this figure would yield more funds for the highway de-
partment during my administration than the $200 million secondary road
bond issue passed during my father's administration. Of course, it will
not go nearly as far because of inflation, higher engineering requirements
and also, these funds will not be earmarked for secondary roads alone.

Now, let me comment with respect to my recommendations for a tax
on cigarettes.

First of all, I would not have recommended a cigarette tax if I had
any reason to believe that such action would hurt the tobacco warehouse-
man or the tobacco manufacturer, and especially the tobacco grower.

It will not, and anyone who thinks it through knows it will not.

First of all, we are talking about only two percent of the flu-cured
tobacco grown in North Carolina.

This amount is sold in the State, whereas 98 percent of the crop is sold
elsewhere and is already taxed.

A five cent tax on two percent of the crop is not going to affect sales.

Tobacco prices are supported by the Federal Government. There is a
floor underneath tobacco prices, so they will not be reduced and the farmer
will not be hurt.

I honestly feel that our failure to levy a cigarette tax has hurt our
relations with other states and particularly with Congressmen and
Senators from other states.

We must remember it is these people who have the power to destroy
the tobacco price support program and impose restrictions on the ad-
vertising of cigarettes.

Such action at the Federal level would seriously harm the tobacco in-
dustry and directly reduce income to tobacco growers, warehousemen and
manufacturers.

My friends in the tobacco industry, and there are many, would be best
advised, in my honest opinion, to concentrate their energies in Congress
to save the price-support program and prevent the band of cigarette
advertising, which is clearly a very real danger in this session of Congress.

My only regret in recommending a cigarette tax to this distinguished
Body is that when I campaigned for this office, I said I was opposed to
such a tax.

But I also stated that if it became necessary to meet the essential needs
of our State, then I would seek the necessary revenue.

It has been said that when confronted with the facts, "a wise man will
change his mind, but a fool never changes his."

Since assuming my responsibilities as Governor, I have been confronted
with facts — facts supporting the overwhelming needs of our State, not
nearly all of which can be met even if we levied a tax of ten cents per pack.

So I make this recommendation with no apology, but only with ex-
planation.

1969] SENATE JOURNAL 81

I am man enough to stand before you to say I have found it necessary
to change my earlier opinion.

My responsibility to the entire state transcends the desire to assist an
industry.

Finally, I believe it is time to destroy the myth that tobacco is king in
North Carolina.

Income from livestock and poultry already exceeds that of tobacco.

True, it is very important to our economy and will be for as long as man
wants to enjoy a smoke. But tobacco must not dominate our thinking to
the detriment of our progress.

Now I would like to comment on the sharing of state collected revenue
with local governments, specifically the sales tax.

I am opposed to the State collecting an additional sales tax, which now
includes food, and giving it back to local governments to spend.

Many local governments do need financial assistance. Some do not.

I feel strongly that every local government should first utilize their
existing revenue sources before turning to the State for more unrestricted
funds. I am not convinced that the majority of our local governments
have made full use of their available resources.

Further, in many cases, more efficient use of the local government tax
dollar can be achieved by consolidating county and city governments, con-
solidating school administrative units and the sharing of services among
counties.

Many counties have glaring exemptions or inequities in their ad valorem
tax structure.

I caution you, the members of this General Assembly, to protect from
further erosion the revenue sources available to the State.

You must provide future administrations with the means of financing the
expanding needs of a growing State.

It is poor business to erode the tax sources of the State, knowing full
well that the demand for state services will increase in the immediate
future.

There is every reason to believe that the pressure for revenue will be
just as great or greater on future General Assemblies as it is upon us
here today.

Let me remind you, too, that the State of North Carolina already pro-
vides many services and much money for local government.

The State constructs and maintains all roads and streets except those
streets not on the state highway system.

Many of the major city thoroughfares are on this system. In addition,
incorporated municipalities receive Powell Bill funds to aid in street im-
provements and construction.

Most people believe the State receives the intangible tax, and we are
constantly urged to eliminate this tax, but this 17 million dollars goes back
to local government with only a small service charge for the actual cost of
collection.

82 SENATE JOURNAL [Session

On July 1, 1969 the municipal share of the utilities franchise tax will
increase from the present three-fourths of one percent to two percent.

This will be one-third of the total 6 percent that the State levies. This
means that 4 million, 950 thousand dollars will go back to municipalities
in the first year of the upcoming biennium.

On July 1, 1970, the municipal share of this tax will go to 3 percent
or one-half of the State's levy of 6 percent.

Thus, in the second year of the biennium 9 million, 650 thousand dollars
will be returned to local governments — money that once would have been
available to the State.

The State pays educational personnel admittedly not enough, but we
provide the base. We provide the school buses and pay the drivers.

Many small towns receive technical services such as planning assistance.

The Local Government Commission and the Institute of Government
render great service to local governments.

All these services and more are being provided already by the State and
my proposed Department of Local Affairs will give even greater assistance.

So, do not labor under the illusion that the State does not assist local
governments, because it does in many ways.

I have stated many times that local governments must be strengthened.
I still hold that view.

But they can be strengthened best by changes in the law to allow more
home rule, consolidation of services, merging of governmental units,
broader local taxing powers, and more technical and long-range planning
assistance by the State.

Government cannot sit off in a special place — untouched, unscarred by
the rising cost before us in our daily lives. It cannot command such an
isolated position. We must meet its demands, just as we rise to meet the
demands in our personal lives. We must respond realistically to govern-
ment's potential. When we do, we are responding to the people.

For us not to take our place in what our State must do, we would be
negligent in meeting the responsibilities that the people have placed in us.
In turn, I want to do what I can to make our State more responsive to
the evident needs of our people — needs which can be met in the frame-
work of reasonable thought and action.

I believe you feel the same way. I have strong confidence that the
people will recognize our good intent, our mission, and our goals in the
cooperative and constructive spirit that has marked our State in the past.

As Governor, I welcome reaction of our people to what I have proposed;
for what we are doing must always be viewed to be in the public's interest.

And as I seek this public expression, I only ask that the people look
constructively and devotedly to our State. I ask them and you to consider
what our State is now, what it should be and what it can be if we face our
problems and show courage and corrective efforts in doing our best for
those who look to us to do our best — meaning all the people of our State.

This budget, then, is open for appraisal by you and by the people. In
turn, I can see that if all of us face it and deal with it and make our
decisions through it, North Carolina certainly will be served well.

1969] SENATE JOURNAL 83

I am sure you know that I would not assume to tell you what to do or
where to levy taxes that will produce the additional money needed to
render these vital services to the people.

I have mentioned several sources and types of tax levies. These I
recommend as a result of careful and thoughtful study; these are sug-
gested by me for your consideration along with other sources and types
which you may wish to consider.

The decision as to where the money comes from is your decision. Your
best judgment will be acceptable to me. I urge you to levy such taxes as
in your judgment will be fair, reasonable, and sufficient to provide for the
urgent needs of the people of our State. I earnestly make these recom-
mendations and suggestions to you, and they are made without reservation.

I close with a quote from the famed jurist and poet, Oliver Wendell
Holmes: "I find the great thing in the world is not so much where we stand
as in what direction we are moving. To reach the port — we must sail
sometimes with the wind and sometimes against it; but we must sail and
not drift nor lie at anchor."

Upon motion of Senator McGeachy, the Joint Session is dissolved, and
pursuant to his motion heretofore made the Senate stands adjourned to
meet tomorrow at 12 M.

TWENTY-SIXTH DAY

Senate Chamber,
Thursday, February 13, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senators Allsbrook and V. White of Pitt, the President
extends the courtesies of the galleries to the Honorable Leonidus Hux,
Chairman of the Halifax County Democratic Executive Committee, and
other distinguished citizens of Halifax County, including Messrs. James
Twisdale, P. C. Milliken and Milton Read.

Upon motion of Senator Penn, the President extends the courtesies of
the galleries to the Honorable and Mrs. Russell Newman of Reidsville.
Mr. Newman is President of the North Carolina Association of County
Commissioners.

The President extends the courtesies of the galleries to Captain Norman
Sawvag, Assistant Professor, Air R.O.T.C, at the University of North
Carolina at Chapel Hill, and to Messrs. Maurice Stocks and Ronald Payne
accompanying him.

The President recognizes Senator Dent who presents David Lawrence
Putnam of Asheville, who was elected Outstanding Boy Scout of the Year
by the twelve Boy Scout councils of North Carolina.

84 SENATE JOURNAL [Session

The President appoints Senator Dent to escort David to the well of the
Senate where he delivers a short address.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 31, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation, with a favorable
report, as amended.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations, with a favorable report,
as amended.

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance
of joint bank accounts with right of survivorship, with a favorable report.

By Senator Wood, for the Committee on Highway Safety:

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person
temporarily residing outside North Carolina to renew an operator's license
by mail, with a favorable report.

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to
passing at railroad intersections, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 78, a bill to correct certain errors in the General Statutes, with a
favorable report, as amended.

By Senator Ellis, for the Committee on Judiciary No. 1:

H. B. 77, a bill amending General Statutes 30-15 so as to increase the
year's allowance of a surviving spouse to two thousand dollars, with a
favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Edwards, Moore, McGeachy and Rauch: S. B. 91, a bill to
amend Chapter 115 of the General Statutes relating to the transportation
of pupils residing within a municipality assigned to public schools within
the same municipality and to make appropriations therefor.

Referred to Committee on Appropriations.

By Senator West: S. B. 92, a bill to provide compensation for the mem-
bers of the county board of commissioners of Jackson County.

Referred to Committee on Local Government.

By Senator James: S. B. 93, a bill to provide for the closing of any
establishment declared to be a public nuisance in Richmond County.

Referred to Committee on Local Government.

1969] SENATE JOURNAL 85

By Senators MacLean and Evans: S. B. 94, a bill to appropriate addi-
tional funds to maintain, improve, stimulate, increase and expand local
public library facilities and operations in the State of North Carolina.

Referred to Committee on Libraries.

By Senators Burney, Staton, Patterson, Reed, Robinson, Briggs, Sapp,
J. White of Cleveland, Folger, Kirby, Bryan, Harrington, McGeachy,
Edwards and Ellis: S. B. 95, a bill to rewrite General Statutes 28-174,
relating to damages recoverable for death by wrongful act.

Referred to Committee on Judiciary No. 2.

By Senator MacLean: S. B. 96, a bill appropriating funds to the North
Carolina Department of Agriculture to eradicate and control the sweet
potato weevil in North Carolina.

Referred to Committee on Agriculture.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 23, a bill to authorize joint appeals from the several boards of
equalization and review to the State Board of Assessments, for concurrence
in the House amendment.

Upon motion of Senator Ellis the Senate concurs in the House amendment
and the bill is ordered enrolled.

H. B. 22, a bill to improve and provide public schools of a higher
standard for the residents of Scotland Neck in Halifax County, to establish
the Scotland Neck City Administrative Unit, to provide for the administra-
tion of the public schools in said administrative unit, to levy a special tax
for the public schools of said administrative unit, all of which shall be
subject to the approval of the voters in a referendum or special election.

Referred to Committee on Finance.

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide
that policemen and firemen who are non-residents may be employed.

Referred to Committee on Judiciary No. 1.

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit
changing the name of an adopted person who is twenty-one or more years
of age.

Referred to Committee on Judiciary No. 2.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Committee Substitute for S. B. 30, a bill granting ordinance-making
authority to counties.

Upon motion of Senator Bailey consideration of the bill is postponed
until Thursday, February 20, 1969.

S. B. 42, a bill to amend General Statutes 20-279.21 relating to motor
vehicle liability policies so as to provide that default judgments taken

86 SENATE JOURNAL [Session

against insureds shall not be used as a basis for judgment against an
insurer unless such insurer has had reasonable notice of the pendency of
suit against its insured and an opportunity to defend.

Upon motion of Senator Ellis the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 44, a bill to amend the charter of the city of Lenoir, Chapter 487
of the Session Laws of 1967, to fix the organization meeting of the city
council.

Passes its second and third readings and is ordered enrolled.

H. B. 56, a bill to make the eight year Statute of Limitations on ad
valorem tax refunds contained in General Statutes 105-405.1 applicable in
Cumberland County and Fayetteville by repealing Chapter 676 of the
Session Laws of 1959.

Passes its second and third readings and is ordered enrolled.

H. B. 76, a bill amending General Statutes 47-17.1 so as to require that
certain papers and documents registered in Pitt County show thereon the
name of the draftsman.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Penn, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

TWENTY-SEVENTH DAY

Senate Chamber,
Friday, February 14, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to a seventh grade class from Leroy Martin Junior
High School, Raleigh, and to their teacher, Mrs. Ann Kennedy.

The President extends the courtesies of the galleries to Mrs. Vernon
White, wife of the Senator from Pitt County.

The President grants leave of absence to Senator Flaherty for today.

enrolled bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

1969] SENATE JOURNAL 87

S. B. 23, an act to authorize joint appeals from the several Boards of
Equalization and Review to the State Board of Assessments.

H. B. 44, an act to amend the charter of the city of Lenoir, Chapter 487
of the Session Laws of 1967, to fix the organization meeting of the city
council.

H. B. 56, an act to make the eight year statute of limitations on ad
valorem tax refunds contained in General Statutes 105-405.1 applicable in
Cumberland County and Fayetteville by repealing Chapter 676 of the
Session Laws of 1959.

H. B. 76, an act amending General Statutes 47-17.1 so as to require that
certain papers and documents registered in Pitt County show thereon the
name of the draftsman.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 89, a bill to amend Chapter 614, Session Laws of 1965, and General
Statutes 153-9(17) relating to notice of closing of streets in the city of
Sanford, with a favorable report.

S. B. 90, a bill to amend Chapter 989, Session Laws of 1967, to clarify
election procedures in annexed areas, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Moore, Maxwell, Evans, Boger, Dent, Joyner, Norton,
Edwards and West: S. B. 97, a bill to amend Chapter 105 of the General
Statutes by inserting a new article therein imposing a tax on certain
tobacco products.

Referred to Committee on Finance.

By Senators Nielson, West, Joyner, Moore, Murrow and Bagnal: S. B. 98,
a bill to amend and supplement "The Revenue Act", being Subchapter I of
Chapter 105 of the General Statutes, by adding thereto a new article
imposing a soft drinks license tax.

Referred to Committee on Finance.

By Senators Nielson, Briggs, Wilkie, Murrow and Bagnal: S. B. 99, a bill
to increase the surtax on malt beverages and to impose a surtax on wines.

Referred to Committee on Finance.

By Senator Dent: S. B. 100, a bill to fix the salary of the chairman of
the board of county commissioners of Buncombe County.

Referred to Committee on Local Government.

By Senators Burney, Allsbrook, Ellis, Dent, J. White of Cleveland, Mc-
Geachy and S. Warren of Sampson: S. B. 101, a bill to enhance the con-
tinued administration of institutions of learning.

88 SENATE JOURNAL [Session

Referred to Committee on Judiciary No. 2.

By Senator V. White of Pitt: S. B. 102, a bill fixing the salaries of the
county commissioners of Pitt County at one hundred fifty dollars ($150.00)
per month.

Referred to Committee on Local Government.

By Senator Kirby: S. B. 103, a bill permitting citizens of this state to
purchase rifles and shotguns in contiguous states and defining antique
firearms.

Referred to Committee on Judiciary No. 2.

By Senator MacLean: S. B. 104, a bill to appropriate funds to the
North Carolina Department of Agriculture for the establishment of a re-
search station to serve North Carolina emphasizing sweet potatoes, vege-
table crops, and small fruits.

Referred to Committee on Agriculture.

By Senators Staton and Flaherty: S. B. 105, a bill to amend the minimum
wage act.

Referred to Committee on Manufacturing, Labor and Commerce.

By Senator Boger: S. B. 106, a bill to provide for the certification of the
existence and amounts of assessment liens against real property.

Referred to Committee on Judiciary No. 2.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa-
tion in sixth-year program of graduate instruction for superintendents, as-
sistant superintendents, and principals of public schools.

Referred to Committee on Education.

H. B. 117, a bill to amend General Statutes 18-77, so as to regulate retail
beer outlets in the city of Fayetteville.

Referred to Committee on Alcoholic Beverage Control.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 31, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation.

Upon motion of Senator J. White of Cleveland, the amendment offered by
the Committee is adopted, and upon his motion consideration of the bill
is postponed until Tuesday, February 18, 1969.

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.

Senator Boger moves that the vote by which the Committee amendments
were adopted on February 7 be reconsidered, and that these two amend-
ments be withdrawn.

1969] SENATE JOURNAL 89

The motion prevails.

Upon motion of Senator Boger, the amendment offered by the Committee
is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance
of joint bank accounts with right of survivorship.

The bill passes its second reading.

Upon objection of Senator Currie to its third reading, the bill is placed
upon the Calendar for Monday, February 17, 1969.

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person
temporarily residing outside North Carolina to renew an operator's license
by mail.

Upon motion of Senator Scott, consideration of the bill is postponed until
Monday, February 17, 1969.

S. B. 78, a bill to correct certain errors in the General Statutes.

Upon motion of Senator Burney, the amendment offered by the Com-
mittee is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 32, a bill to modify the motor vehicle restrictions pertaining to
passing at railroad intersections.

Passes its second and third readings and is ordered enrolled.

H. B. 77, a bill amending General Statutes 30-15 so as to increase the
year's allowance of a surviving spouse to two thousand dollars.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Robinson, the Senate adjourns to meet tomorrow
at 9:30 o'clock a.m., at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8:00 o'clock.

TWENTY-EIGHTH DAY

Senate Chamber,
Saturday, February 15, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Miss Sena Taylor of Raleigh, North Carolina.

Senator Bailey for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and found to
be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8:00 o'clock.

90 SENATE JOURNAL [Session

TWENTY-NINTH DAY

Senate Chamber,
Monday, February 17, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces that the Journal of Saturday has been examined and
found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

The President extends the courtesies of the galleries to the Honorable
William H. Bobbitt, Associate Justice of the North Carolina Supreme Court.

Upon motion of Senator Staton, the President extends the courtesies of
the galleries to Mr. Joe Swanner of Brownwood, Texas, an official of the
Economic Development Administration.

The President extends the courtesies of the galleries to the Misses Meg,
Mary and Jan Scott, daughters of Governor and Mrs. Robert W. Scott.

The President grants leave of absence to Senator Rauch for tonight.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. B. 37, an act to grant zoning authority outside the city limits of the
Town of Mount Pleasant in Cabarrus County.

S. B. 39, an act to amend Chapter 302 of the Session Laws of 1967, by
changing and enlarging the membership of board of directors and increasing
benefits payable under the supplementary pension fund for firemen in the
town of Mount Airy.

H. B. 32, an act to modify the motor vehicle restrictions pertaining to
passing at railroad intersections.

H. B. 77, an act amending General Statutes 30-15 so as to increase the
year's allowance of a surviving spouse to two thousand dollars.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator West: S. B. 107, a bill to provide for the county-wide election
of the Cherokee County Board of County Commissioners, which shall consist
of three members.

Referred to Committee on Local Government.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

1969] SENATE JOURNAL 91

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the
compensation for precinct registrars and judges.
Referred to Committee on Election Laws.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 89, a bill to amend Chapter 614, Session Laws of 1965, and General
Statutes 153-9(17) relating to notice of closing of streets in the city of
Sanford.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 90, a bill to amend Chapter 989, Session Laws of 1967, to clarify
election procedures in annexed areas.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance
of joint bank accounts with right of survivorship.

Upon motion of Senator Burney consideration of the bill is postponed
until Wednesday, February 19, 1969.

S. B. 73, a bill to amend General Statutes 20-7 (f) to permit a person
temporarily residing outside North Carolina to renew an operator's license
by mail.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow
at 12 M.

THIRTIETH DAY

Senate Chamber,
Tuesday, February 18, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Willis W. Wilson of Winterville, Presi-
dent of the Original Free Will Baptist Convention of North Carolina.

The President grants leave of absence to Senator Boger for today.

The President grants leave of absence to Senator Rauch for today and
for as long as the serious illness of his daughter requires him to be away
from the Senate.

The President recognizes Senator Gurganus who introduces Mr. James
Walter Church of Clemmons, President of the North Carolina Jaycees.

92 SENATE JOURNAL [Session

The President appoints Senator Gurganus to escort Mr. Church to the
well of the Senate, where he delivers a short address.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. B. 33, an act to amend General Statutes 105-345 relating to ad valorem
property tax penalties and discounts in the town of Drexel.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Ellis, for the Committee on Judiciary No. 1:

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide
that policemen and firemen who are non-residents may be employed, with
a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Bailey: S. B. 108, a bill to provide legal representation for
indigent persons, to strengthen the assigned counsel system, to establish a
public defender in certain judicial districts, and for other related purposes.

Referred to Committee on Courts and Judicial Districts.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 43, a bill repealing Chapter 5 of the 1965 Session Laws and amend-
ing a portion of Section 1 of Chapter 34 of the 1953 Session Laws of
North Carolina to revise and establish ward boundary lines of the city
of Gastonia.

Referred to Committee on Local Government.

H. J. R. 163, a joint resolution honoring the life and memory of Paul
Herman Thompson who served his state and county with honor, devotion
and distinction.

Upon motion of Senator MacLean, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. J. R. 167, a joint resolution designating February 18, 1969 as Jaycee
Day in the General Assembly.

Upon motion of Senator Gurganus, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

1969] SENATE JOURNAL 93

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 31, a bill authorizing the board of county commissioners of the
several counties of the state to fix their compensation.

Senator Ellis offers an amendment which is adopted.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Wednesday, February 19, 1969.

Upon motion of Senator Bryan, the Senate adjourns to meet tomorrow
at 12:00 M.

THIRTY-FIRST DAY

Senate Chamber,
Wednesday, February 19, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the galleries to Mrs. W. Earl
Weeks of Tarboro, mother of former Senator Cameron Weeks and to Mrs.
Berry Pittman, also of Tarboro.

The President extends the courtesies of the galleries to forty-five mem-
bers of the Beaufort County Democratic Women's Club, including Mrs.
Verona C. Cratch, President, and Mrs. John Winfield, National Democratic
Committeewoman.

The President extends the courtesies of the galleries to Mrs. Stewart B.
Warren, wife of Senator Warren of Sampson County, and to Mrs. Henry
Lee Turlington and Mrs. James E. Jones.

Upon motion of Senator Scott, the President extends the courtesies of
the galleries to a group of students from the Alamance County Technical
Institute, Burlington, and to their teacher, Mr. Sam Bundy.

The President grants leave of absence to Senator Nielson for tomorrow,
February 20, 1969, and to Senator James for Monday and Tuesday,
February 17 and 18 for absence due to emergency weather conditions in
Richmond County.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State :

H. J. R. 163, a joint resolution honoring the life and memory of Paul
Herman Thompson who served his state and county with honor, devotion
and distinction.

94 SENATE JOURNAL [Session

H. J. R. 167, a House joint resolution designating February 18, 1969, as
Jaycee Day in The General Assembly.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Wood, for the Committee on Highway Safety:

S. B. 74, a bill to amend Article 2 of Chapter 20 to provide for suspen-
sion of operator's license of provisional licensee for dropping out of school,
with an unfavorable report.

S. B. 102, a bill fixing the salaries of the county commissioners of Pitt
County at one hundred fifty dollars per month, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Evans, MacLean, Bowles, S. Warren of Sampson, Staton,
J. White of Cleveland, Norton, Flaherty, Johnson, Wilkie, Allen, Patterson
and Bagnal: S. B. 109, a bill to authorize the State Board of Education to
establish a kindergarten program for five year olds.

Referred to Committee on Education.

By Senators Evans, Bowles, Maxwell, Staton, S. Warren of Sampson,
Flaherty and Henley: S. B. 110, a bill to authorize the use of school buses
as needed for instructional programs and to transport pupils with special
needs.

Referred to Committee on Education.

By Senator Wilkie: S. B. Ill, a bill to repeal Chapter 1113 of the 1967
Session Laws providing for the non-partisan election of the Henderson
County Board of Education and the extension of the terms of office of the
members of the Henderson County Board of Education so as to provide for
the non-partisan election of the entire membership of the Henderson
County Board of Education at the 1970 regular General County Election.

Referred to Committee on Election Laws.

By Senator Ellis: S. B. 112, a bill to provide for the creation of a tenancy
by the entirety in the division of land.

Referred to Committee on Judiciary No. 1.

By Senator Ellis: S. B. 113, a bill to recodify and simplify the law
concerning discharge of record of mortgages, deeds of trust and other
instruments intended to secure the payment of money or the performance
of any other obligation.

Referred to Committee on Judiciary No. 1.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

1969] SENATE JOURNAL 95

S. B. 31, a bill authorizing the board of county commissioners of the
several counties of the state to fix their compensation.

Upon motion of Senator J. White of Cleveland the bill is re-referred to
the Committee on Local Government.

S. B. 60, a bill to amend General Statutes 41-2.1 relating to maintenance
of joint bank accounts with right of survivorship.

Senator Moore moves that the bill be re-referred to the Committee on
Banking.

The motion fails to prevail.

Senator Folger moves that the bill be re-referred to the Committee on
Judiciary No. 2.

The motion fails to prevail.

The bill fails to pass its third reading.

H. B. 69, a bill to amend Chapter 160 of the General Statutes to provide
that policemen and firemen who are non-residents may be employed.

Senators Allsbrook and V. White of Pitt offer an amendment which is
adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

Upon motion of Senator Kirby, the Senate adjourns to meet tomorrow
at 12 M.

THIRTY-SECOND DAY

Senate Chamber,
Thursday, February 20, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Harold J. Dudley, D. D., General
Secretary of the Presbyterian Synod of North Carolina, Raleigh.

The President extends the courtesies of the galleries to Sheriff W. G.
Clark of Cumberland County, Chairman of the Executive Committee of the
North Carolina Sheriffs Association, and to the following Committee mem-
bers: Sheriff Tom Marshall of Onslow, Sheriff Bob Pleasants of Wake,
Sheriff G. O. Womble of Nash, Sheriff Carl Axson of Rockingham, Sheriff
John B. Allen of Bladen, Sheriff Malcolm McLeod of Robeson, Sheriff Frank
Cahoon of Dare and Sheriff Buck Knight of Orange.

Upon motion of Senators Dent and Flaherty, the courtesies of the gal-
leries are extended to the following members of Local 3608 of the Com-
munications Workers of America: Grace Holder of Lenoir, Shufford Car-
penter of Newland, Don Sheppard of Spruce Pine, Barbara Smith of

96 SENATE JOURNAL [Session

Morganton, Evelyn McNeilly of Morganton, Thad Taylor of Lenoir and
D. L. Campbell of Morganton.

The President extends the courtesies of the galleries to Mrs. Ralph Scott,
wife of the Senator from Alamance County.

The President extends the courtesies of the galleries to Mrs. Jeanette
Whitehurst, a member of the faculty of East Carolina University, and
to Luellen Carroll and Nell Marie Bryan, students accompanying her. Miss
Bryan is the daughter of Senator and Mrs. Thomas Rhudy Bryan.

The President grants leave of absence to Senator Sapp for today, and
to Senator Scott for tomorrow, Friday, February 21, 1969.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Scott, for the Committee on Finance:

S. B. 40, a bill to exempt the North Carolina Symphony Society, In-
corporated, from certain privilege license taxes, with a favorable report.

By Senator Patterson, for the Committee on Personnel and Employment
Programs :

S. B. 41, a bill to amend General Statutes 135-1 so as to make permanent
employees of The North Carolina Symphony Society, Inc. eligible for
membership in the Teachers' and State Employees' Retirement System,
with a favorable report, as amended.

By Senator James, for the Committee on Public Health:

S. B. 46, a bill to authorize and make uniform the procedure making a
gift of all or part of a human body after death for specified purposes,
with a favorable report, as amended.

H. B. 64, a bill to amend General Statutes 143-117 relating to payment
of costs by patients at certain state institutions so as to include the North
Carolina Sanatorium System, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 67, a bill to authorize the dedication of streets in partition proceed-
ings, with a favorable report.

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit
changing the name of an adopted person who is twenty-one (21) or more
years of age, with a favorable report.

By Senator Currie, for the Committee on Alcoholic Beverage Control:

S. B. 88, a bill to authorize the qualified voters of the town of Mount
Airy to determine whether or not alcoholic beverage control stores shall be
established in said town and to prescribe the disposition of the net profits
thereof, with a favorable report, as amended.

By Senator McGeachy, for the Committee on Rules and Operation of the
Senate:

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis,
with a favorable report.

1969] SENATE JOURNAL 97

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance
Norman, with a favorable report.

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock,
former legislator, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Evans, Scott, Bowles, J. White of Cleveland, James, Wilkie,
Murrow, Bagnal, Staton and Flaherty: S. B. 114, a bill to provide salaries
for public school personnel to the national average and to maintain the
national average through the biennium 1969-1971.

Referred to Committee on Appropriations.

By Senator Patterson: S. B. 115, a bill providing the city of Albemarle,
North Carolina, alternative methods of assessing the cost of extending
water and sewer lines.

Referred to Committee on Local Government.

By Senators Bowles, Edwards and Murrow: S. B. 116, a bill to amend
the charter of the town of Liberty regarding elections.

Referred to Committee on Local Government.

By Senator Allen: S. B. 117, a bill authorizing Person County to levy
special purpose taxes for certain purposes.

Referred to Committee on Local Government.

By Senator Allen: S. B. 118, a bill to provide for filling vacancies on the
board of county commissioners of Person County.

Referred to Committee on Local Government.

By Senators Briggs and Wilkie: S. B. 119, a bill to prohibit the taking
of foxes by use of sounds in Buncombe, Henderson, Madison and Yancey
Counties.

Referred to Committee on Wildlife.

By Senator Ellis: S. B. 120, a bill to amend the Federal Tax Lien
Registration Act to comply with the Federal Tax Lien Act of 1966.

Referred to Committee on Judiciary No. 1.

By Senator Edwards: S. B. 121, a bill relating to funeral and burial trust
funds.

Referred to Committee on Insurance.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto-
mobile operators learners' permits so as to permit night driving with such
permit.

Referred to Committee on Highway Safety.

98 SENATE JOURNAL [Session

H. J. R. 172, a joint resolution honoring the memory of Clifton Linwood
Bell, former member of the House of Representatives from Hyde County.

Upon motion of Senator Gurganus, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows :

Committee substitute for S. B. 30, a bill granting ordinance-making
authority to counties.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Tuesday, February 25, 1969.

S. B. 102, a bill fixing the salaries of the county commissioners of Pitt
County at one hundred fifty dollars ($150.00) per month.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Upon motion of Senator Johnson, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

THIRTY-THIRD DAY

Senate Chamber,
Friday, February 21, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator Folger, the President extends the courtesies of
the galleries to Mrs. Gordon Allen and Page Allen, wife and son of the
Senator from Person, and Page Allen is made an honorary page of the
Senate.

Upon motion of Senators Henley and McGeachy, the President extends
the courtesies of the galleries to Girl Scout Troops 546 of Spring Lake
and 264 of Fort Bragg, and to their respective leaders, Mrs. S. R. Hiler
and Mrs. O. E. Biggs.

The President extends the courtesies of the galleries to Mrs. Eugene
Simmons and Miss Mattie Simmons, wife and daughter of the Senate
Reading Clerk; to Mr. and Mrs. Henry Gilliam Nicholson of Raleigh,
formerly residents of Tarboro; to Mr. and Mrs. Thomas Grainger, Mr. and
Mrs. Herman Creech and Mr. and Mrs. Howard Hussey, all of Tarboro;
and to Mrs. Joe Eagles, wife of the Representative from Edgecombe
County.

1969] SENATE JOURNAL 99

The President grants leave of absence to Senators Dent and Flaherty
for today.

Upon motion of Senator Burney, the rules are suspended and Mr. Eugene
Simmons, Reading Clerk, is invited to address the Senate.

The President appoints Senators Burney and Evans to escort Mr.
Simmons to the well of the Senate where he presents an address in com-
memoration of George Washington.

Upon motion of Senator L. Warren of Wayne, the address of Mr.
Simmons is spread upon the Journal as follows:

Mr. President, our First Lady, Mrs. Robert W. Scott, Ladies and Gentlemen
of the Senate :

It is certainly fitting and proper that we pause today on the eve of
George Washington's birthday to pay tribute to this noble American. For
a few moments this morning I am grateful and proud to discuss with you
George Washington, the citizen and patriot.

George Washington was a man who even in his youth was measured for
future greatness by the keen eye and divine inspiration of an aged Indian
chieftain who said, "Mark you tall and daring warrior; he is not of the
Red Folk Tribe, yet he hath an Indian's wisdom. There is something bids
me speak in the voice of prophecy. Listen! The Great Spirit protects that
man, and guides his destiny. He will become the chief of nations, and a
people yet unborn will hail him as the founder of a mighty empire."

To understand the true significance of this prophecy let us review briefly
the outstanding points in the life of Washington, with which every
American should be familiar.

We see the youth of sixteen surveying the wilderness of Virginia, then
we follow him a young major of twenty as he carries the important
message from Governor Dinwiddie of Virginia to the French in the Ohio
Valley, crossing the Ohio, encountering hardships. Next we observe the
twenty-two year old colonel of the French and Indian War as he comes
to the aid of General Braddock at Fort Duquesne. And now let us pass to
the Virginia House of Burgesses where for fifteen years this noble, clear-
thinking citizen (though always reluctant to speak in public) wielded
influence. We hear this noble patriot ever alert to the cause of liberty,
vigorously condemning the Stamp Act.

Next he appears to us at the age of forty-three, Commander-in-Chief of
the Continental Army, and let us pause here for a closer observation. As
Commander-in-Chief, the services and achievements of George Washington
are unique in the world's history. He was more than the Commander-in-
Chief. He was the one necessary person whose calm, universal, determined
sense of patriotic duty to country, and ability, put backbone in the Revolu-
tion and kept it from merging into a civil conflict, under the hardships
during the eight years of war. Without General Washington at its head,
it never could have been successful. His faith in the cause — his devotion to
the ideals it embodied — made him the symbol of America, the Spirit of
the Revolution.

With independence secured, a still greater problem confronted the new
nation — that of creating a new government out of the thirteen colonies.

100 SENATE JOURNAL [Session

At this most critical period, Washington's patriotism shone brightest, his
devotion to the public welfare makes him the greatest man in history.

As first in war, he created nationality; as first in peace, he advocated
and helped frame an efficient and endurable Constitution, and because first
in the hearts of his countrymen, he was unanimously elected President.
To him it was committed to launch the Ship of State. With neither pre-
cedents nor predecessors to help him, it required a strength of patriotism
almost divine to weld together the scattered Colonies into an indestructible
Union.

Summing up these years of his life, we see that for a period of forty
years, Washington filled offices of one kind or another. Excluding his boy-
hood, there were but seven years of his life in which he was not engaged in
public service. And in all of these offices, he appears not as a man aiming to
prominence or power, but rather as one under obligations to serve a cause.
Necessity was laid upon him, and he met it willingly. He never shifted
responsibility. He never lost his courage. Though these many offices made
many demands upon his time and attention, his keen sense of citizenship
kept him ever mindful of all civic enterprises.

Washington's continued efforts in the interest of universal education
showed that his mind was always on the general welfare of the nation and
that he sought practical achievements through the instruction of its youth.
Education was not a hobby with him — it was a passion. He realized that
citizenship cannot grow without education.

Looking back over the pages of history, we cannot find a more shining
example of a great philanthropist than George Washington, who gave him-
self and his means when needed in either a private or civic enterprise. He
has been called our most humane citizen. His farsighted interest in agri-
culture and his efforts in experimenting have caused one of his contem-
poraries to say of him, "Call him not President Washington, but call him
Farmer Washington — for it is this title that he loves most of all."

Indeed, the most fascinating facts about Washington are not these con-
cerned with his public achievements, but with the man himself — the
many-sided Washington. He was an exceptional farmer, a good business-
man, explorer, engineer, founder of corporations, an organizer of armies,
a great Commander, a great President, and a great statesman — and in
each and every one of these an outstanding citizen of the country he loved.

Let us note the words of Grover Cleveland: "Washington was the most
thorough American that ever lived. His sword was drawn to carve out
American citizenship, and his every act and public service was directed to
its establishment. Let us thank God that he has lived and that he has
given to us the highest and best example of American citizenship."

Today our country is passing through a very serious crisis. Because we
have had nearly two centuries of unparalleled growth and have reached a
position of world leadership, the average citizen refuses to compare this
situation with that which Washington's generation faced — and yet some
of the more serious-minded citizens realize that our people confront a
major crisis, ranking in seriousness with that faced by the generations of
Washington and Lincoln. If our country is to survice this social storm, we
must have some careful thinking; we must pause to consider carefully

1969] SENATE JOURNAL 101

the principles upon which this nation is founded, to analyze the qualities
of citizenship necessary for its preservation, and to discover the kind of
leadership our democracy demands.

We need George Washington today. What was there in this man, what
is there in the memory of him, which could and does supply a need in our
lives nearly two hundred years after he is gone ?

Is it brilliance of mind and keenness of wit that we need? Is it the
splendor of military genius that we need ? Perhaps we could make use of
those things in our life today. Certainly, brilliance and genius of any kind
are none too plentiful with us. But, as a matter of fact, Washington was
not a genius; and yet we need him. We need the inspiration of his memory,
the ideal that is comprised in his whole nature, because of his large
integrity. We need the inspiration of moral balance which he gives us.
We need that loyalty to an ideal and purpose which makes Washington the
incorruptible citizen and patriot that he was.

Let me conclude with Henry Van Dyke's striking appeal to the present
generation: "There is a life that is worth living now, as it was worth
living in the former days, and that is the honest life, the unselfish life,
cleansed by a devotion to an ideal. To cleanse, so far as in our power lies,
the foundation of our national life from political, commercial, moral and
social corruption. To teach our sons and daughters by precept and by
example the honor of serving such a country as America. That is work
worthy of the finest manhood and womanhood. The well educated are
those who see deepest into the meaning and necessity of that work, but
their labor shall not be in vain, for high in the firmament of human
destiny are set the stars of faith in mankind, and an unselfish courage,
and loyalty to the ideal; and while they shine, the Americanism of Wash-
ington and the men who stood with him shall never, never die."

Upon motion of Senator Staton, the President recognizes the Honorable
Henry Hall Wilson, President of the Chicago Grain Board of Trade, former
member of the North Carolina General Assembly, past President of
Young Democratic Clubs of North Carolina, former Democratic National
Committeeman from North Carolina and Administrative Assistant to former
Presidents John F. Kennedy and Lyndon B. Johnson.

The President appoints Senator Staton to escort Mr. Wilson to the well
of the Senate where he speaks briefly.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State :

H. J. R. 172, a joint resolution honoring the memory of Clifton Linwood
Bell, former member of the House of Representatives from Hyde County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

102 SENATE JOURNAL [Session

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment :

S. B. 58, a bill to give the members of the police departments of all cities,
towns and municipalities in Richmond County the authority to make arrests
and serve criminal process in the territories outside the corporate limits
for a distance of two and one-half miles, with a favorable report.

S. B. 87, a bill to amend General Statutes 160-181.2 so as to include the
city of Hamlet in the extraterritorial jurisdiction for zoning purposes,
with a favorable report, as amended.

S. B. 93, a bill to provide for the closing of any establishment declared
to be a public nuisance in Richmond County, with a favorable report, as
amended.

S. B. 107, a bill to provide for the countywide election of the Cherokee
County Board of County Commissioners, which shall consist of three
members, with a favorable report.

S. B. 115, a bill providing the city of Albemarle, North Carolina, alter-
native methods of assessing the cost of extending water and sewer lines,
with a favorable report.

S. B. 116, a bill to amend the Charter of the town of Liberty regarding
elections, with a favorable report, as amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Edwards: S. J. R. 122, a joint resolution expressing support
of the boards of trustees and administrative officials of the state supported
institutions of higher education.

Referred to Committee on Higher Education.

By Senator Penn: S. B. 123, a bill placing Caswell County under the
general laws relating to county fiscal control.

Referred to Committee on Local Government.

By Senator Penn: S. B. 124, a bill relating to the compensation of the
members of the board of county commissioners of Caswell County.

Referred to Committee on Local Government.

By Senator Ellis: S. B. 125, a bill to change the time of meeting of the
General Assembly after the election of a governor to the second Wednes-
day in February.

Referred to Committee on Rules and Operation of the Senate.

By Senators Briggs, Bagnal, Nielson, West, Wilkie, Sapp and Flaherty:
S. B. 126, a bill relating to the common law offenses of riot and inciting
to riot.

Referred to Committee on Judiciary No. 2.

By Senators Bailey and Coggins: S. B. 127, a bill to appropriate funds
to the Governor Morehead School, Raleigh, North Carolina, to provide
capital improvements.

Referred to Committee on Appropriations.

1969] SENATE JOURNAL 103

By Senator Staton: S. B. 128, a bill amending General Statutes 127-14
and General Statutes 127-23.1 relating to the assistant to the adjutant
general and to commissions by brevet.

Referred to Committee on Veterans and Military Affairs.

By Senators Boger and Ellis: S. B. 129, a bill to amend General Statutes
114-19 relating to taking photographs of persons charged with criminal
offenses.

Referred to Committee on Judiciary No. 2.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 58, a bill to amend General Statutes 24-10 relating to 1% interest
on residential loans so as to permit T/< interest on certain church building
and improvement loans.

Referred to Committee on Banking.

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to
change the closing filing date from Saturday to Friday for candidates for
the Monroe City school board of education.

Referred to Committee on Election Laws.

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953
relating to the recorder's court at Mooresville, Iredell County, and to
amend Chapter 613 Public-Local Laws 1913.

Referred to Committee on Courts and Judicial Districts.

H. B. 145, a bill to amend Chapter 93B of the General Statutes to
require occupational licensing boards to file annual reports with the
Attorney General's office.

Referred to Committee on Judiciary No. 1.

H. B. 146, a bill authorizing the Warren County ABC Board to sell
wines having alcoholic content of less than fourteen percent.

Referred to Committee on Alcoholic Beverage Control.

H. B. 60, a bill to authorize and make uniform the procedure making a
gift of all or part of a human body after death for specified purposes.

Referred to Committee on Public Health.

H. B. 98, a bill amending Chapter 1063 of the Session Laws of 1967, so
as to provide that General Statutes 163-117 shall not apply to the seats
in the House of Representatives for the Thirtieth District.

Referred to Committee on Rules and Operation of the Senate.

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC
boards to sell at public auction real and personal property.

Referred to Committee on Alcoholic Beverage Control.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

104 SENATE JOURNAL [Session

S. B. 40, a bill to exempt the North Carolina Symphony Society, In-
corporated, from certain privilege license taxes.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 41, a bill to amend General Statutes 135-1 so as to make permanent
employees of the North Carolina Symphony Society, Incorporated, eligible
for membership in the Teachers' and State Employees' Retirement System.

Upon motion of Senator Patterson the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 67, a bill to authorize the dedication of streets in partition pro-
ceedings.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Upon motion of Senator J. White of Cleveland the Committee amendment
is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 64, a bill to amend General Statutes 143-117 relating to payment
of costs by patients at certain state institutions so as to include the
North Carolina Sanatorium System.

Passes its second and third readings and is ordered enrolled.

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis.

Passes its second and third readings and is ordered enrolled.

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance
Norman.

Passes its second and third readings and is ordered enrolled.

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former
legislator.

Passes its second and third readings and is ordered enrolled.

H. B. 96, a bill to amend Chapter 48 of the General Statutes to permit
changing the name of an adopted person who is twenty-one or more
years of age.

Passes its second and third readings and is ordered enrolled.

S. B. 46, a bill to authorize and make uniform the procedure making a
gift of all or part of a human body after death for specified purposes.

Upon motion of Senator James consideration of the bill is postponed
indefinitely.

Upon motion of Senator Harrington, the Senate adjourns to meet to-
morrow morning at 9:30 o'clock, at which time only Public Local bills will
be considered, and adjournment will be until Monday evening at 8:00 o'clock.

1969] SENATE JOURNAL 105

THIRTY-FOURTH DAY

Senate Chamber,
Saturday, February 22, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senater Coggins
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Miss Sena Taylor of Raleigh.

Senator Bailey for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and is found
to be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8:00 o'clock.

THIRTY-FIFTH DAY

Senate Chamber,
Monday, February 24, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

The President extends the courtesies of the galleries to Mrs. Robert B.
Morgan, wife of the Attorney General of North Carolina, and daughters,
Margaret and Mary.

Upon motion of Senators Bowles, Edwards and Murrow, the courtesies
of the galleries are extended to the Civics Class from Seagrove High School,
Seagrove, and to their teacher, Mr. John Chilton.

The President extends the courtesies of the galleries to Mrs. John T.
Henley, wife of the Senator from Cumberland County, and to former
Senator George Hundley of Davidson County.

Upon motion of Senator Staton, the courtesies of the galleries are ex-
tended to Mr. Hoover Adams of Harnett County, Publisher and Editor of
The Daily Record.

Upon motion of Senator Currie, Isaac Hall Manning, son of Mr. and
Mrs. Howard Manning of Raleigh, is made an honorary page of the Senate.

The President grants leave of absence to Senator Dent for tonight.

Upon motion of Senator Allsbrook, a message is sent to the House of
Representatives requesting the return of H. B. 69, a bill to amend Chapter
160 of the General Statutes to provide that policemen and firemen who
are non-residents may be employed.

106 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. J. R. 89, a joint resolution honoring the memory of Isaac Peter Davis.

H. J. R. 92, a joint resolution honoring the memory of Zebulon Vance
Norman.

H. J. R. 95, a joint resolution honoring the memory of B. C. Brock, former
legislator.

S. B. 6, an act so as to amend Section 7 of Chapter 413 of 1963 Session
Laws, relating to the Town of Morganton Board of Alcoholic Beverage
Control, so as to increase the share of net profits allocable to finding
alcoholism causes and cures and to broaden scope of activities authorized
therefor and for other purposes.

S. B. 20, an act to amend Chapter 272 of the Public-Local Laws of 1929
so as to allow the executive committee to set the salary of the Winston-
Salem and Forsyth County Peace Officers' Protective Association.

S. B. 64, an act to amend General Statutes 1-239 (b) so as to permit
waiver of notice by attorneys of record in certain cases.

S. B. 89, an act to amend Chapter 614, Session Laws of 1965, and General
Statutes 153-9(17) relating to notice of closing of streets in the city of
Sanford.

H. B. 64, an act to amend General Statutes 143-117 relating to payment
of costs by patients at certain state institutions so as to include the
North Carolina sanatorium system.

H. B. 96, an act to amend Chapter 48 of the General Statutes to permit
changing the name of an adopted person who is twenty-one (21) or more
years of age.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator MacLean, for the Committee on Agriculture:

S. B. 35, a bill to amend General Statutes 113-120.3 to increase penalty
for mutilation, destruction of posted signs, with a favorable report.

S. B. 72, a bill amending the North Carolina Seed Law so as to provide
an alternative method for collecting funds under said act, with a favorable
report.

S. B. 96, a bill appropriating funds to the North Carolina Department of
Agriculture to eradicate and control the sweet potato weevil in North
Carolina, with a favorable report.

Upon motion of Senator MacLean, the bill is re-referred to the Com-
mittee on Appropriations.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

1969] SENATE JOURNAL 107

By Senator Henley: S. B. 130, a bill to provide for expansion of services
of the North Carolina Capital Building Authority.

Referred to Committee on State Government.

By Senator Currie: S. B. 131, a bill to validate the acts of certain notaries
where the notary seal incorrectly contained the name of another state.

Referred to Committee on Judiciary No. 1.

By Senator MacLean: S. B. 132, a bill rewriting General Statutes 106-
245.16 relating to the North Carolina Egg Law.

Referred to Committee on Agriculture.

By Senator MacLean: S. B. 133, a bill to amend Article 16 of Chapter
106 relating to bottling of soft drinks so as to provide for regulation
thereof by the Department of Agriculture.

Referred to Committee on Agriculture.

By Senators Bailey and Coggins: S. B. 134, a bill to amend the laws
relating to the education of deaf and blind children in state institutions.

Referred to Committee on Public Health.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 112, a bill to authorize the Cumberland County ABC Board to
establish a retirement system.

Referred to Committee on Alcoholic Beverage Control.

H. B. 123, a bill to authorize and empower the Marion City Board of
Education to convey the Mountain View High School property to the board
of county commissioners of McDowell County.

Referred to Committee on Local Government.

H. B. 170, a bill to authorize the Monroe City Board of Education to
convey certain property to the city of Monroe.

Referred to Committee on Local Government.

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations, for concurrence in the
House amendment.

Upon motion of Senator Boger, action on the bill is postponed until
Tuesday, February 25, 1969.

H. B. 57, a bill granting ordinance-making authority to counties.

Referred to Committee on Local Government.

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple
determinable estate in 10.41 acres of land to the Greensboro Police Club,
Incorporated.

Referred to Committee on Local Government.

H. B. 107, a bill to make Hoke County "Stock Law Territory".

Referred to Committee on Local Government.

H. B. 139, a bill amending and supplementing all laws authorizing and
providing for the issuance of bonds, notes or other obligations of a unit

108 SENATE JOURNAL [Session

within the meaning of the local government act to provide for the use of
facsimile seals and signatures.

Referred to Committee on Local Government.

H. B. 144, a bill relating to terms and election of officials of the town of
Wade in Cumberland County.

Referred to Committee on Election Laws.

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville
Airport Authority to convey airport property to Columbus County.

Referred to Committee on Local Government.

H. B. 129, a bill to terminate pooled accounts and to establish individual
accounts of funds held by the clerk of Superior Court, Buncombe County.

Referred to Committee on Courts and Judicial Districts.

H. B. 130, a bill to amend Chapter 601 of the Session Laws of North
Carolina for the year 1947, as amended, authorizing the city manager of
Winston-Salem to execute contracts, deeds, bonds, and all other legal in-
struments in the name and on behalf of the city.

Referred to Committee on Local Government.

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes
108-73-12a relating to welfare liens.

Referred to Committee on Judiciary No. 2.

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the
act of disobeying the directions of an officer directing traffic.

Referred to Committee on Judiciary No. 2.

H. B. 97, a bill amending General Statutes 20-179 so as to limit the first
and second offenses of driving under the influence of intoxicating liquor or
narcotic drugs to six months imprisonment.

Referred to Committee on Judiciary No. 1.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 58, a bill to give the members of the police departments of all
cities, towns and municipalities in Richmond County the authority to make
arrests and serve criminal process in the territories outside the corporate
limits for a distance of two and one-half miles.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 87, a bill to amend General Statutes 160-181.2 so as to include the
city of Hamlet in the extraterritorial jurisdiction for zoning purposes.

Upon motion of Senator McGeachy, the amendment offered by the Com-
mittee is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 93, a bill to provide for the closing of any establishment declared
to be a public nuisance in Richmond County.

1969] SENATE JOURNAL 109

Upon motion of Senator J. White of Cleveland, the amendment offered by
the Committee is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 107, a bill to provide for the county-wide election of the Cherokee
County Board of County Commissioners, which shall consist of three
members.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Thursday, February 27, 1969.

S. B. 115, a bill providing the city of Albemarle, North Carolina, al-
ternative methods of assessing the cost of extending water and sewer lines.

Upon motion of Senator Patterson, the bill is re-referred to the Committee
on Finance.

S. B. 116, a bill to amend the charter of the town of Liberty regarding
elections.

Upon motion of Senator Bowles, consideration of the bill is postponed
until Tuesday, February 25, 1969.

Upon motion of Senator Griffin, the Senate adjourns to meet tomorrow
at 12 M.

THIRTY-SIXTH DAY

Senate Chamber,
Tuesday, February 25, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the floor to former Senator John
L. Osteen of Guilford County.

Upon motion of Senator Dent, the President extends the courtesies of
the galleries to Mr. F. D. Pitts, President of Concord Mica Corporation,
Boston.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce:

S. B. 105, a bill to amend the Minimum Wage Act, with a favorable
report.

Upon motion of Senator Staton the bill is placed on the Calendar for
Thursday, February 27, 1969.

110 SENATE JOURNAL [Session

By Senator Scott, for the Committee on Finance :

H. B. 22, a bill to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the
Scotland Neck City Administrative Unit, to provide for the administration
of the public schools in said administrative unit, to levy a special tax for
the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election, with a
favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator James: S. B. 135, a bill to amend General Statutes 90-170
relating to educational qualifications of applicants for licensed practical
nurse examination.

Referred to Committee on Public Health.

By Senator McGeachy: S. B. 136, a bill to rewrite Article 46 of Chapter
143 of the General Statutes, relating to the Governor's Committee on Law
and Order.

Referred to Committee on Correctional Institutions and Law Enforcement.

By Senator Kirby: S. J. R. 137, a joint resolution directing the Depart-
ment of Motor Vehicles to initiate, with the approval of the Governor, a
system of semi-permanent registration plates for motor vehicles in lieu
of the annual plate system now in effect.

Referred to Committee on Public Roads.

By Senators Dent and J. White of Cleveland: S. B. 138, a bill to amend
Part 10 of Article 3 of Chapter 20 pertaining to motor vehicles to create an
offense of unlawful flight to avoid apprehension.

Referred to Committee on Highway Safety.

By Senator Joyner: S. B. 139, a bill to change the name of the state and
county boards and departments of public welfare and the positions of
commissioner and directors of public welfare.

Referred to Committee on Public Welfare.

By Senators Edwards, Maxwell, Saunders, Gurganus, Staton, MacLean,
Patterson, Nielson, Bryan, Griffin, James, Dent, J. White of Cleveland, West,
Wood, Evans, S. Warren of Sampson, Robinson, Allen, Bowles, Johnson,
Moore, Penn, Norton, Bagnal, V. White of Pitt, Joyner, Larkins, Murrow,
Sapp, Henley and McGeachy: S. B. 140, a bill to create the North Carolina
Zoological Authority and the North Carolina Zoo Site Selection Commission.

Referred to Committee on Wildlife.

By Senators Edwards, Maxwell, Saunders, Evans, Gurganus, Bryan,
James, Griffin, Reed, J. White of Cleveland, West, Wood, Bowles, Johnson,
S. Warren of Sampson, Joyner, Bagnal, V. White of Pitt, Murrow, MacLean,
Allen, Larkins, Nielson, Sapp, Henley and McGeachy: S. B. 141, a bill to
appropriate funds to acquire, construct, maintain and operate a State Zoo.

Referred to Committee on Appropriations.

1969] SENATE JOURNAL 111

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission
and providing for an election upon the consolidation of the governments of
the municipalities within, and the county of Mecklenburg.

Referred to Committee on Local Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Committee Substitute for S. B. 30, a bill granting ordinance-making
authority to counties.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Friday, February 28, 1969.

S. B. 35, a bill to amend General Statutes 113-120.3 to increase penalty
for mutilation, destruction of posted signs.

Senators Ellis and Boger offer an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 45, a bill to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations, for concurrence in the
House amendment.

Upon motion of Senator Boger, the Senate concurs in the House amend-
ment and the bill is ordered enrolled.

S. B. 72, a bill amending the North Carolina Seed Law so as to provide
an alternative method of collecting funds under said Act.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 116, a bill to amend the Charter of the town of Liberty regarding
elections.

Upon motion of Senator Bowles the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

Upon motion of Senator Reed, the Senate adjourns to meet tomorrow
at 12 M.

THIRTY-SEVENTH DAY

Senate Chamber,
Wednesday, February 26, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

112 SENATE JOURNAL [Session

Upon motion of Senator Larkins, the courtesies of the floor are extended
to Mr. Ernest Ross, former Senator from McDowell County and now
Director of the Lenoir County Industrial Development Commission.

Upon motion of Senator Briggs, the courtesies of the galleries are ex-
tended to Mr. Phin Horton, City Manager of Asheville, North Carolina.

Upon motion of Senators Moore, Maxwell and Evans, the courtesies of
the galleries are extended to the Eighth Grade of the Learning Academy,
Huntersville, and to their teachers, Mrs. Billy Bourgeois.

The President extends the courtesies of the galleries to Mrs. Burwell
Edwards of High Point, who is in her fifty-first year as a teacher of the
First Grade.

The President grants leave of absence to Senators Moore and Nielson
for tomorrow, February 27, 1969.

The President grants leave of absence to Senator J. White of Cleveland
for tomorrow, February 27, and for Friday, February 28, 1969.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. B. 45, an act to amend General Statutes 14-128 and General Statutes
14-134.1 so as to increase penalty for violations.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Norton, for the Committee on Election Laws:

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the
compensation for precinct registrars and judges, with a favorable report.

By Senator Maxwell, for the Committee on Correctional Institutions and
Law Enforcement:

S. B. 136, a bill to rewrite Article 46 of Chapter 143 of the General
Statutes, relating to the Governor's Committee on Law and Order, with a
favorable report, as amended.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 123, a bill placing Caswell County under the general laws relating
to county fiscal control, with a favorable report.

S. B. 124, a bill relating to the compensation of the members of the
board of county commissioners of Caswell County, with a favorable report.

H. B. 57, a bill granting ordinance-making authority to counties, with a
favorable report.

1969] SENATE JOURNAL 113

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple
determinable estate in 10.41 acres of land to the Greensboro Police Club,
Incorporated, with a favorable report.

H. B. 107, a bill to make Hoke County "Stock Law Territory", with a
favorable report.

H. B. 123, a bill to authorize and empower the Marion City Board of
Education to convey the Mountain View High School property to the board
of county commissioners of McDowell County, with a favorable report.

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville
Airport Authority to convey airport property to Columbus County, with a
favorable report.

H. B. 130, a bill to amend Chapter 601 of the Session Laws of North
Carolina for the year 1947, as amended, authorizing the city manager of
Winston-Salem to execute contracts, deeds, bonds and all other legal
instruments in the name and on behalf of the city, with a favorable report,
as amended.

H. B. 139, a bill amending and supplementing all laws authorizing and
providing for the issuance of bonds, notes or other obligations of a unit
within the meaning of the local government act to provide for the use of
facsimile seals and signatures, with a favorable report.

H. B. 170, a bill to authorize the Monroe City Board of Education to
convey certain property to the city of Monroe, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator James: S. B. 142, a bill to amend Chapter 982 of the Session
Laws of 1963; to repeal Section 2 of Chapter 1062 of the Session Laws of
1967, and to allocate the profits earned by the Hamlet Board of Alcoholic
Control.

Referred to Committee on Alcoholic Beverage Control.

By Senator L. Warren of Wayne: S. B. 143, a bill to amend General
Statutes 84-33 relating to the annual and special meetings of the North
Carolina State Bar.

Referred to Committee on Judiciary No. 1.

By Senator L. Warren of Wayne: S. B. 144, a bill amending Article IV
of Chapter 84 of the General Statutes so as to permit district bar associa-
tions to assess and collect annual membership fees for the promotion and
maintenance of its administration, activities and programs.

Referred to Committee on Judiciary No. 1.

By Senator L. Warren of Wayne: S. B. 145, a bill to make certain judges
and prosecutors of the district court division of the general court of justice
honorary members of the North Carolina State Bar.

114 SENATE JOURNAL [Session

Referred to Committee on Courts and Judicial Districts.

By Senator Nielson: S. B. 146, a bill to impose a tax upon attendance
at motion pictures based upon classifications of the Motion Picture Associa-
tion of America.

Referred to Committee on Finance.

By Senator Bowles: S. B. 147, a bill to appropriate funds to the North
Carolina Association of Rescue Squads for the purchase of a mobile com-
munications center.

Referred to Committee on Appropriations.

By Senators Wood and Harrington: S. B. 148, a bill to amend General
Statutes 105-449 to provide an exemption from the State gasoline tax of
gasoline used in non-public school transportation.

Referred to Committee on Public Roads.

By Senator Henley: S. B. 149, a bill to amend Chapter 136 of the General
Statutes to require the State Highway Commission to mark paved roads
with center and pavement edge lines.

Referred to Committee on Public Roads.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following special message is received from the House of Representa-
tives :

House of Representatives,
February 25, 1969.
Mr. President :

Pursuant to your request, we are returning H. B. 69, a bill to be entitled
an act to amend Chapter 160 of the General Statutes to provide that
policemen and firemen who are non-residents may be employed, for further
consideration by your Honorable Body.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator Allsbrook, the vote by which H. B. 69, a bill to
amend Chapter 160 of the General Statutes to provide that policemen and
firemen who are non-residents may be employed, passed its third reading
is reconsidered.

Upon motion of Senator Allsbrook, the vote by which the amendment
was adopted is reconsidered and upon his motion the amendment is with-
drawn.

The bill passes its third reading and is ordered enrolled.

message from the house of representatives

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 31, a bill relating to the receipt of unordered merchandise so as
to provide that the recipient thereof is not liable for the payment thereof.

1969] SENATE JOURNAL 115

Referred to Committee on Manufacturing, Labor and Commerce.

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini-
tions of open space areas, and General Statutes 160-181.10 to delete Forsytb
County.

Referred to Committee on Local Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 22, a bill to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the
Scotland Neck City Administrative Unit, to provide for the administration
of the public schools in said administrative unit, to levy a special tax for
the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election.

Upon motion of Senator Scott, consideration of the bill is postponed
until tomorrow, Thursday, February 27, 1969.

Upon motion of Senator Flaherty, the Senate adjourns to meet tomorrow
at 12 o'clock noon.

THIRTY-EIGHTH DAY

Senate Chamber,
Thursday, February 27, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Edward O'Doherty, Pastor of the
Church of the Holy Infant, Reidsville.

Upon motion of Senator Burney, the courtesies of the galleries are ex-
tended to Miss Julia Barfield of Wilmington, granddaughter of former
Senator Campen of Pamlico County.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 69,. an act to amend Chapter 160 of the General Statutes to provide
that policemen and firemen who are non-residents may be employed.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing Committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

116 SENATE JOURNAL [Session

By Senator Evans, for the Committee on Education:

S. B. 15, a bill to incorporate and establish the Central North Carolina
School for the Deaf, with a favorable report.

Upon motion of Senator Evans, the bill is re-referred to the Committee
on Appropriations.

S. B. 82, a bill directing the State Board of Education to conduct a study
as to the feasibility of introducing into the public school system curriculum
instruction in the environment and natural resources and appropriating
funds for said study, with a favorable report, as amended.

Upon motion of Senator 'Evans, the bill is re-referred to the Committee
on Appropriations.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 48, a bill to make it a felony for a person to remove a child from
this State when a court has awarded custody to another person, with an
unfavorable report as to bill, favorable report as to Committee substitute
bill.

Upon motion of Senator Allsbrook, the bill is placed upon today's
Calendar.

S. B. 103, a bill permitting citizens of this State to purchase rifles and
shotguns in contiguous states and defining antique firearms, with a favor-
able report, as amended.

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes
108-73. 12a relating to welfare liens, with a favorable report, as amended.

By Senator Evans, for the Committee on Education:

S. B. 109, a bill to authorize the State Board of Education to establish a
kindergarten program for five-year-olds, with a favorable report.

Upon motion of Senator Evans, the bill is re-referred to the Committee
on Appropriations.

S. B. 110, a bill to authorize the use of school buses as needed for in-
structional programs and to transport pupils with special needs, with a
favorable report.

By Senator Griffin, for the Committee on Veterans and Military Affairs:

S. B. 128, a bill amending General Statutes 127-14 and General Statutes
127-23.1 relating to the assistant to the Adjutant General and to commis-
sions by brevet, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Allsbrook, Staton, Burney, Edwards, Gurganus, Sapp, Boger,
MacLean, Ellis, Bagnal and Flaherty: S. B. 150, a bill to revise and amend
the Constitution of North Carolina.

Referred to Committee on Constitution.

By Senators James, Saunders, Boger and Patterson: S. J. R. 151, a joint
resolution recognizing the disaster conditions created on February 16, 1969,
in certain areas of North Carolina by an ice storm.

1969] SENATE JOURNAL 117

Upon motion of Senator Saunders, the rules are suspended and the
resolution is placed upon its immediate passage.

The resolution passes its second reading.

Senator MacLean offers an amendment which is adopted.

The resolution, as amended, passes its third reading and is ordered sent
to the House of Representatives without engrossment, by special messenger.

By Senator Staton: S. B. 152, a bill to create Chapter 55B of the General
Statutes relating to the formation of corporations by persons duly licensed
to render professional services, and denning the powers and responsibilities
of such corporations and its members.

Referred to Committee on Judiciary No. 2.

By Senator Burney: S. B. 153, a bill to amend the budget capital improve-
ment appropriation bill of 1969 (direct appropriation).

Referred to Committee on Appropriations.

By Senator Rauch: S. B. 154, a bill to amend Chapter 21 of the Session
Laws of 1961 relating to the rules and regulations for municipal elections
of the city of Gastonia.

Referred to Committee on Local Government.

By Senator Rauch: S. B. 155, a bill to authorize the qualified voters of
the town of Bessemer City to determine whether wine and beer may be
legally sold and alcoholic beverage control stores operated in the town of
Bessemer City.

Referred to Committee on Alcoholic Beverage Control.

By Senator Edwards: S. B. 156, a bill to amend Articles 11, 13 and 14
of Chapter 54 of the General Statutes relating to the powers, officers and
supervision of credit unions.

Referred to Committee on Banking.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 149, a bill to amend the Minimum Wage Act.

Referred to Committee on Manufacturing, Labor and Commerce.

H. B. 161, a bill applicable to Winston-Salem only, amending General
Statutes 160-175.

Referred to Committee on Local Government.

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person
of sound mind, and eighteen years of age or over, to make a will.

Referred to Committee on Judiciary No. 1.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 22, a bill to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the

118 SENATE JOURNAL [Session

Scotland Neck City Administrative Unit, to provide for the administration
of the public schools in said administrative unit, to levy a special tax for
the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election, upon
second reading.

The bill passes its second reading by roll call vote, ayes 30, noes 14, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Boger, Bowles, Briggs, Burney, Dent, Ellis, Flaherty, Folger, Gurganus,
Harrington, Henley, Johnson, Kirby, Larkins, MacLean, McGeachy, Norton,
Patterson, Poovey, Reed, Robinson, Sapp, Staton, S. Warren of Sampson,
West, V. White of Pitt, Wood— 30.

Those voting in the negative are: Senators Bailey, Bryan, Coggins,
Edwards, Evans, Griffin, James, Joyner, Maxwell, Murrow, Penn, Rauch,
Saunders, Wilkie — 14.

The following pairs are announced: Senators J. White of Cleveland
"aye", Currie "no"; L. Warren of Wayne "aye", Moore "no"; Scott "aye",
Nielson "no".

Upon motion of Senator Evans, the bill is placed upon the Calendar for
Wednesday, March 5, 1969.

S. B. 107, a bill to provide for the countywide election of the Cherokee
County Board of County Commissioners, which shall consist of three
members.

Upon motion of Senator West, the bill is re-referred to the Committee on
Judiciary No. 1.

S. B. 123, a bill placing Caswell County under the general laws relating
to county fiscal control.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 124, a bill relating to the compensation of the members of the board
of county commissioners of Caswell County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 88, a bill authorizing the city of Greensboro to convey a fee simple
determinable estate in 10.41 acres of land to the Greensboro Police Club,
Incorporated.

Passes its second and third readings and is ordered enrolled.

H. B. 107, a bill to make Hoke County "Stock Law Territory".

Passes its second and third readings and is ordered enrolled.

H. B. 123, a bill to authorize and empower the Marion City Board of
Education to convey the Mountain View High School property to the
board of county commissioners of McDowell County.

Passes its second and third readings and is ordered enrolled.

1969] SENATE JOURNAL 119

H. B. 124, a bill authorizing the city of Whiteville and the Whiteville
Airport Authority to convey airport property to Columbus County.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator S. Warren of Sampson, the amendment offered
by the Committee is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives, for concurrence in the Senate amend-
ment.

H. B. 170, a bill to authorize the Monroe City Board of Education to
convey certain property to the city of Monroe.

Passes its second and third readings and is ordered enrolled.

S. B. 105, a bill to amend the Minimum Wage Act.

Upon motion of Senator Staton, the bill is re-referred to the Committee
on Manufacturing, Labor and Commerce.

S. B. 136, a bill to rewrite Article 46 of Chapter 143 of the General
Statutes, relating to the Governor's Committee on Law and Order.

Upon motion of Senator Bailey, the amendment offered by the Committee
is adopted.

Senator McGeachy offers an amendment which is adopted.

Senator Burney offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 9, a bill to amend General Statutes 163-46 so as to increase the
compensation for precinct registrars and judges.

Passes its second and third readings and is ordered enrolled.

H. B. 57, a bill granting ordinance-making authority to counties.

Upon motion of Senator McGeachy, consideration of the bill is postponed
until Tuesday, March 4, 1969.

Passes its second and third readings and is ordered enrolled.

Committee Substitute for S. B. 48, a bill to make it a felony for a person
to remove a child from this State when a court has awarded custody to
another person.

Upon motion of Senator Allsbrook, the Committee Substitute is adopted,
and the bill remains upon the Calendar.

Upon motion of Senator Coggins, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

120 SENATE JOURNAL [Session

THIRTY-NINTH DAY

•Senate Chamber,
Friday, February 28, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces that the Journal of yesterday has been examined and is
found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

Upon motion of Senators Bailey and Coggins, the President extends the
courtesies of the galleries to ninety students of the A. B. Combs School,
Raleigh, and to their teachers, Miss Spivey and Miss Valaco.

The President grants leave of absence to Senators L. Warren of Wayne
and Ellis for today.

The President recognizes Senator Wood and appoints Senator Harrington
to escort him to the well of the Senate, where he speaks on the subject of
the agricultural heritage of the State, with particular reference to the
merits of the soybean.

Upon motion of Senator MacLean, S. B. 72, a bill amending the North
Carolina Seed Law so as to provide an alternative method for collecting
funds under said act, is ordered recalled from the House of Representatives
for further consideration.

APPOINTMENT

The President announces the appointment of Senator Kirby to the Com-
mittee on Highway Safety.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Scott, for the Committee on Finance:

S. B. 115, a bill providing the city of Albemarle, North Carolina, alterna-
tive methods of assessing the cost of extending water and sewer lines, with
a favorable report, as amended.

By Senator J. White, for the Committee on Local Government:

Committee Substitute for S. B. 71, a bill to amend Chapter 121, Private
Laws of 1931, to provide for the election of the city council of the city of
Asheville, and solicitor and judge of police court, with an unfavorable re-
port as to bill, favorable report as to Committee Substitute bill.

Upon motion of Senator Penn, the Committee Substitute bill is placed
upon today's Calendar.

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini-
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth
County, with a favorable report.

1969] SENATE JOURNAL 121

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce:

H. B. 149, a bill to amend the Minimum Wage Act, with a favorable
report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Moore: S. B. 157, a bill to exempt boats operated on private
ponds from motorboat law.

Referred to Committee on Wildlife.

By Senator Moore: S. B. 158, a bill to require skin divers to display a
warning flag as approved by the Underwater Society of America.

Referred to Committee on Wildlife.

By Senator Moore: S. B. 159, a bill to regulate the use of firearms in
field trials and in training dogs.

Referred to Committee on Wildlife.

By Senators Moore, Edwards, Dent and Gurganus: S. B. 160, a bill to fix
the compensation and provide for certain legislative expenses of members
of the General Assembly.

Referred to Committee on Rules and Operation of the Senate.

By Senator MacLean: S. B. 161, a bill to amend Chapter 316 of the
Session Laws of 1947, as amended relating to professional bondsmen in
Robeson County.

Referred to Committee on Local Government.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. J. R. 151, a joint resolution recognizing the disaster conditions created
on February 16, 1969, in certain areas of North Carolina by an ice storm,
for concurrence in the House amendment.

Upon motion of Senator MacLean, the Senate concurs in the House
amendment and the bill is ordered enrolled.

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in
excess of $2,500 to officers of banks.

Referred to Committee on Banking.

H. B. 152, a bill to amend General Statutes 24-8, which permits an eight
percent interest rate, so as to include foreign or domestic real estate in-
vestment trusts.

Referred to Committee on Banking.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

122 SENATE JOURNAL [Session

H. B. 22, a bill to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the
Scotland Neck City Administrative Unit, to provide for the administration
of the public schools in said administrative unit, to levy a special tax for the
public schools of said administrative unit, all of which shall be subject to
the approval of the voters in a referendum or special election, upon third
reading.

Senator Moore moves that the bill be re-referred to the Committee on
Appropriations, and calls the previous question on that motion.

The motion to call the previous question fails to prevail.

The motion to re-refer the bill to the Committee on Appropriations fails
to prevail.

The bill passes its third reading by roll call vote, ayes 29, noes 12, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Boger, Bowles, Briggs, Burney, Dent, Flaherty, Folger, Gurganus, Harring-
ton, Henley, Johnson, Kirby, MacLean, McGeachy, Norton, Patterson,
Poovey, Reed, Robinson, Sapp, Scott, Staton, S. Warren of Sampson, West,
V. White of Pitt, Wood— 29.

Those voting in the negative are: Senators Bryan, Coggins, Edwards,
Evans, Griffin, Joyner, Maxwell, Murrow, Nielson, Penn, Saunders, Wilkie —
12.

The following pairs are announced: Senators L. Warren of Wayne "aye",
Moore "no"; Larkins "aye", Bailey "no"; J. White of Cleveland "aye",
Currie "no"; Ellis "aye", Rauch "no".

The bill is ordered enrolled.

Committee Substitute for S. B. 30, a bill granting ordinance-making
authority to counties.

Upon motion of Senator McGeachy, consideration of the bill is postponed
until Tuesday, March 4, 1969.

Committee Substitute for S. B. 48, a bill to make it a felony for a person
to remove a child from this State when a court has awarded custody to
another person.

Upon motion of Senator Boger, consideration of the bill is postponed
until Tuesday, March 4, 1969.

S. B. 103, a bill permitting citizens of this State to purchase rifles and
shotguns in contiguous States and defining antique firearms.

Upon motion of Senator Kirby, consideration of the bill is postponed
until Monday, March 3, 1969.

S. B. 110, a bill to authorize the use of school buses as needed for in-
structional programs and to transport pupils with special needs.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 128, a bill amending General Statutes 127-14 and General Statutes
127-23.1 relating to the assistant to the Adjutant General and to com-
missions by brevet.

1969] SENATE JOURNAL 123

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 138, a bill to amend General Statutes 108-30.1 and General Statutes
108-73. 12a relating to welfare liens.

Upon motion of Senator Boger, the Committee amendment is adopted.

Upon motion of Senator Boger, the bill is re-referred to the Committee
on Judiciary No. 2.

Committee Substitute for S. B. 71, a bill reducing the term of office
of the Asheville City Council to two years.

Upon motion of Senator Penn, the Committee Substitute is adopted and
the bill remains upon the Calendar.

Upon motion of Senator Allen, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8:00 o'clock.

FORTIETH DAY

Senate Chamber,
Saturday, March 1, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Bailey to
the Chair who calls the Senate to order and presides during the Session.

Prayer is offered by Senator Coggins.

Senator Coggins for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and found to
be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

Upon motion of Senator Coggins, the Senate adjourns to meet Monday
evening at 8:00 o'clock.

FORTY-FIRST DAY

Senate Chamber,
Monday, March 3, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by Senator Norman H. Joyner, who also serves as
Interim Pastor of Oakdale Baptist Church, Statesville.

Senator McGeachy for the Committee on Rules and Operation of the
Senate reports that the Journal of Saturday has been examined and is
found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

The President extends the courtesies of the galleries to Mrs. John J.
Burney, Jr., wife of the Senator from New Hanover County, and to Mrs.
Charles H. Larkins, Jr., wife of the Senator from Lenoir County.

124 SENATE JOURNAL [Session

The President extends the courtesies of the galleries to former Represent-
ative W. A. "Red" Forbes of Pitt County.

The President grants leave of absence to Senator Dent for tonight and
for tomorrow, March 4, 1969.

The President appoints Senators Scott, Penn, Edwards and Bowles to
represent the Senate at the funeral of Mrs. Mary Norris Richardson
Preyer, mother of Sixth District Congressman L. Richardson Preyer. The
funeral of Mrs. Preyer will be held in Greensboro on Tuesday, March 4,
1969, at 2:00 p.m.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 9, an act to amend General Statutes 163-46 so as to increase the
compensation for precinct registrars and judges.

H. B. 88, an act authorizing the city of Greensboro to convey a fee simple
determinable estate in 10.41 acres of land to the Greensboro Police Club,
Incorporated.

H. B. 107, an act to make Hoke County "Stock Law Territory".

H. B. 123, an act to authorize and empower the Marion City Board of
Education to convey the Mountain View High School property to the board
of county commissioners of McDowell County.

H. B. 124, an act authorizing the city of Whiteville and the Whiteville
Airport Authority to convey airport property to Columbus County.

H. B. 139, an act amending and supplementing all laws authorizing and
providing for the issuance of bonds, notes or other obligations of a unit
within the meaning of the local government act to provide for the use of
facsimile seals and signatures.

H. B. 170, an act to authorize the Monroe City Board of Education to
convey certain property to the city of Monroe.

H. B. 22, an act to improve and provide public schools of a higher standard
for the residents of Scotland Neck in Halifax County, to establish the
Scotland Neck City Administrative Unit, to provide for the administration
of the public schools in said administrative unit, to levy a special tax for
the public schools of said administrative unit, all of which shall be subject
to the approval of the voters in a referendum or special election.

S. B. 55, an act to amend Chapter 120 of the General Statutes so as to
establish the Legislative Intern Program Council, and to enable such council
to promulgate and adopt a plan for legislative interns.

H. B. 130, an act to amend Chapter 601 of the Session Laws of North
Carolina for the year 1947, as amended, authorizing the city manager of
Winston-Salem to execute contracts, bonds and all other legal instruments,
except deeds, in the name and on behalf of the city.

S. J. R. 151, a joint resolution recognizing the disaster conditions created
on February 16, 1969, in certain areas of North Carolina by an ice storm.

1969] SENATE JOURNAL 125

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator MacLean, for the Committee on Agriculture:

S. B. 104, a bill to appropriate funds to the North Carolina Department
of Agriculture for the establishment of a research station to serve North
Carolina emphasizing sweet potatoes, vegetable crops, and small fruits,
with a favorable report.

Upon motion of Senator MacLean, the bill is re-referred to the Committee
on Appropriations.

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the
North Carolina Egg Law, with a favorable report.

S. B. 132, a bill to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department
of Agriculture, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators James and Saunders: S. B. 162, a bill to authorize the
Thomasville City Board of Education to acquire certain land for a school
site and to authorize purchase and payment of same on an installment
basis.

Referred to Committee on Education.

By Senator Scott: S. B. 163, a bill appropriating funds to the Department
of Conservation and Development for the construction and equipping of a
forestry headquarters building in Alamance County.

Referred to Committee on Conservation and Development.

By Senator James: S. B. 164, a bill to make certain appropriations to the
State Board of Education for the purpose of adding to the Richmond
Technical Institute a two-year curriculum of transferable college courses
in liberal arts and sciences.

Referred to Committee on Appropriations.

By Senator James: S. B. 165, a bill to amend General Statutes 163-46 so
as to fix the compensation of registrars and judges of election in Richmond
County.

Referred to Committee on Election Laws.

By Senator MacLean: S. B. 166, a bill to amend Article 50, Chapter 106
of the General Statutes so as to provide for ballots by mail in referendums
among producers of agricultural products on the question of self-assessment
programs.

Referred to Committee on Agriculture.

By Senator MacLean: S. B. 167, a bill rewriting General Statutes
106-564.3 relating to assessments on cattle so as to provide for assessments
on all cattle sold.

126 SENATE JOURNAL [Session

Referred to Committee on Agriculture.

By Senator Staton: S. B. 168, a bill to amend Chapter 127 of the General
Statutes so as to grant certain members of the North Carolina National
Guard or State Defense Militia immunity from criminal or civil liability
for acts done in the performance of their duties during time of public
disaster or crisis.

Referred to Committee on Veterans and Military Affairs.

By Senator Ellis: S. B. 169, a bill to extend the corporate limits of the
city of Jacksonville so as to include the area on which the city's waste
stabilization lagoon is located.

Referred to Committee on Local Government.

By Senators Saunders and James: S. B. 170, a bill to authorize a
referendum in the towns of Biscoe and Mount Gilead on alcoholic beverage
control stores.

Referred to Committee on Alcoholic Beverage Control.

special message from the house of representatives

House of Representatives,
February 28 ,1969.
Mr. President:

Pursuant to your request, we are returning S. B. 72, "A bill to be entitled
an act amending the North Carolina Seed Law so as to provide an alterna-
tive method for collecting funds under said act," for further consideration
by your Honorable Body.

Respectfully,
Jo Ann Smith, Principal Clerk

Upon motion of Senator MacLean, the vote by which the bill passed its
third reading is reconsidered.

Upon motion of Senator MacLean, the vote by which the bill passed its
second reading is reconsidered.

Upon motion of Senator MacLean, the bill is placed upon the Calendar
for tomorrow, Tuesday, March 4, 1969.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department of
Agriculture.

Referred to Committee on Agriculture.

H. B. 175, a bill to provide that the issuance of bonds after a bond order
takes effect shall be extended by the period of time within which such
bonds could not be issued because of litigation.

Referred to Committee on Local Government.

H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.

1969] SENATE JOURNAL 127

Referred to Committee on Rules and Operation of the Senate.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Committee Substitute for S. B. 71, a bill reducing the term of office of
the Asheville City Council to two years.

Upon motion of Senator J. White of Cleveland consideration of the bill is
postponed until Wednesday, March 5, 1969.

S. B. 115, a bill providing the City of Albemarle, North Carolina, alterna-
tive methods of assessing the cost of extending water and sewer lines.

Upon motion of Senator Patterson the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 103, a bill permitting citizens of this State to purchase rifles and
shotguns in contiguous States and defining antique firearms.

Upon motion of Senator Kirby the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 131, a bill to amend General Statutes 160-181.9 relating to defini-
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth
County.

Senator J. White of Cleveland offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

H. B. 149, a bill to amend the Minimum Wage Act.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Moore, the Senate adjourns to meet tomorrow
at 12 M.

FORTY-SECOND DAY

Senate Chamber,
Tuesday, March 4, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Senator Moore for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and found to be
correct, and upon his motion the reading of the Journal is dispensed with
and it stands approved as written.

Upon motion of Senators Briggs and Burney, the President extends the
courtesies of the galleries to Dr. James Webster, Professor of Law, Wake
Forest University School of Law.

128 SENATE JOURNAL [Session

Upon motion of Senator S. Warren of Sampson, the President extends
the courtesies of the galleries to a group of students from Union High
School in Sampson County, and to their teacher, Mr. Roland Matthews.

The President extends the courtesies of the floor to former Senator Henry
Gray Shelton of Edgecombe County.

The President grants leave of absence to Senator Moore for Thursday
and Friday, March 6 and 7, 1969.

The President announces that he has in his office for the inspection of
any member of the Senate the case of each reprieve, commutation and
pardon granted by the Governor during the biennium 1967-69, which in
accordance with Article III, Section 6 of the Constitution of North Carolina
is required to be filed with the General Assembly.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 149, an act to amend the Minimum Wage Act.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Bailey, for the Committee on Courts and Judicial Districts:

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953
relating to the Recorder's Court at Mooresville, Iredell County, and to
amend Chapter 613 Public-Local Laws 1913, with a favorable report.

By Senator Wood, for the Committee on Highway Safety:

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto-
mobile operators learners' permits so as to permit night driving with such
permit, with a favorable report.

By Senator Ellis, for the Committee on Judiciary No. 1 :

S. B. 131, a bill to validate the acts of certain notaries where the notary
seal incorrectly contained the name of another state, with a favorable
report.

H. B. 97, a bill amending General Statutes 20-179 so as to limit the first
and second offenses of driving under the influence of intoxicating liquor or
narcotic drugs to six months imprisonment, with an unfavorable report as
to bill, favorable as to committee substitute bill.

Upon motion of Senator Ellis, the substitute bill is placed on today's
Calendar.

H. B. 145, a bill to amend Chapter 93B of the General Statutes to
require occupational licensing boards to file annual reports with the
Attorney General's office, with a favorable report.

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person
of sound mind, and 18 years of age or over, to make a will, with a favorable
report.

1969] SENATE JOURNAL 129

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Flaherty and Murrow: S. B. 171, a bill to amend General
Statutes 95-86 so as to increase the persons and occupations covered by the
Minimum Wage Act.

Referred to Committee on Manufacturing, Labor and Commerce.

By Senators Edwards, Bailey and L. Warren of Wayne: S. B. 172, a bill
to control certain acquisitions of or offers to acquire capital stock of
domestic insurance companies or insurance holding companies and payment
of dividends to insurance holding companies that would substantially
weaken insurance companies' financial soundness.

Referred to Committee on Insurance.

By Senator Staton: S. B. 173, a bill to amend the Workmen's Compensa-
tion Act, regarding benefits.

Referred to Committee on Manufacturing, Labor and Commerce.

By Senator Moore: S. B. 174, a bill to amend General Statutes 103-2 to
prohibit hunting on Sunday before twelve o'clock noon.

Referred to Committee on Wildlife.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter
246 of the Private Laws of 1907 to establish the position of town manager.

Referred to Committee on Local Government.

H. B. 127, a bill to amend General Statutes 160-61.1, relating to the
authority of municipalities to execute warranty deeds, so as to make it
applicable to Moore County.

Referred to Commitee on Judiciary No. 1.

H. B. 148, a bill to require the Board of Education of Davie County to
furnish to the Board of County Commissioners of Davie County a quarterly
financial report.

Referred to Committee on Local Government.

H. B. 150, a bill to increase the compensation of the county commissioners
of Wilson County.

Referred to Committee on Local Government.

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so
as to permit Harnett County to release certain restrictions on hospital
property.

Referred to Committee on Local Government.

H. B. 174, a bill to amend General Statutes 163-30 regarding the oath of
office for county boards of elections.

Referred to Committee on Election Laws.

130 SENATE JOURNAL [Session

H. B. 177, a bill to amend Chapter 148 of the Session Laws of 1963 and
Chapter 152 of the Session Laws of 1967 relating to the Charter of the town
of Nags Head and to amend said charter relating to the election of the
members of the governing body of said Town.

Referred to Committee on Local Government.

H. B. 180, a bill amending the charter of the city of Winston-Salem.

Referred to Committee on Local Government.

H. B. 192, a bill amending General Statutes 153-9 ( 35 V2) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said statutes applicable to New Hanover County.

Referred to Committee on Local Government.

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965,
being the charter of the city of Charlotte in Mecklenburg County.

Referred to Committee on Local Government.

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Wilkes County.

Referred to Committee on Local Government.

H. J. R. 256, a joint resolution honoring the life and memory of James
Vivian Whitfield.

Upon motion of Senator S. Warren of Sampson, the rules are suspended
and the bill is placed on its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 72, a bill amending the North Carolina Seed Law so as to provide
an alternative method for collecting funds under said act.

The bill passes its second reading by roll call vote, ayes 42, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Briggs, Bryan, Burney, Currie, Ellis, Evans, Flaherty,
Folger, Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby,
Larkins, MacLean, Maxwell, Moore, Murrow, Nielson, Norton, Patterson,
Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Staton, S. Warren of
Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White of
Pitt, Wilkie, Wood— 42.

Committee Substitute for S. B. 30, a bill granting ordinance-making
authority to counties.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Wednesday, March 5, 1969.

Committee Substitute for S. B. 48, a bill to make it a felony for a
person to remove a child from this State when a court has awarded custody
to another person.

Passes its second and third readings and is ordered sent to the House of
Representatives.

1969] SENATE JOURNAL 131

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the
North Carolina Egg Law.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 133, a bill to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department of
Agriculture.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 57, a bill granting ordinance-making authority to counties.

Senator Bailey offers an amendment which fails of adoption.

Senator Allsbrook offers an amendment which fails of adoption.

Senator Henley offers an amendment which fails of adoption.

The bill passes second reading.

Upon objection of Senator Bailey to its third reading, the bill remains
upon the Calendar.

Senate Committee Substitute for H. B. 97, a bill to amend General
Statutes 20-179 so as to limit the first and second offenses of driving under
the influence of intoxicating liquor or narcotic drugs to six months im-
prisonment.

Upon motion of Senator Ellis, the Committee Substitute is adopted.

Upon motion of Senator S. Warren of Sampson, the Senate adjourns to
meet tomorrow at 12 M.

FORTY-THIRD DAY

Senate Chamber,
Wednesday, March 5, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator Ellis, the President extends the courtesies of
the galleries to Mr. J. P. Tyndall, Superintendent of Public Schools of
Onslow County, and to Dr. P. T. Lancaster, Superintendent of Camp
Lejeune Schools.

Upon motion of Senator S. Warren of Sampson, the President extends
the courtesies of the galleries to Mrs. Roy Rowe, wife of the Principal
Clerk of the Senate, and a group of friends from Pender County.

The President grants leave of absence to Senator Scott for today, and to
Senator Currie for tomorrow, March 6, 1969.

132 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly-
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. J. R. 256, a joint resolution honoring the life and memory of James
Vivian Whitfield.

H. B. 131, an act to amend General Statutes 160-181.9 relating to defini-
tions of open space areas, and General Statutes 160-181.10 to delete Forsyth
County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 36, a bill to amend General Statutes 153-10.1 to authorize the board
of county commissioners of Robeson County to regulate garbage disposal,
with a favorable report.

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the
registers of deeds throughout North Carolina, with a favorable report.

S. B. 117, a bill authorizing Person County to levy special purpose taxes
for certain purposes, with a favorable report.

S. B. 118, a bill to provide for filling vacancies on the board of county
commissioners of Person County, with a favorable report.

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville
so as to include the area on which the city's waste stabilization lagoon is
located, with a favorable report.

H. B. 161, a bill applicable to Winston-Salem only, amending General
Statutes 160-175, with a favorable report.

By Senator S. Warren of Sampson, for the Committee on Banking:

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the
General Statutes relating to the powers, officers and supervision of credit
unions, with a favorable report.

H. B. 58, a bill to amend General Statutes 24-10 relating to 7r/< interest
on residential loans so as to permit !'/< interest on certain church building
and improvement loans, with a favorable report.

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in
excess of $2,500 to officers of banks, with a favorable report.

By Senator Coggins, for the Committee on Libraries:

S. B. 94, a bill to appropriate additional funds to maintain, improve,
stimulate, increase and expand local public library facilities and operations
in the State of North Carolina, with a favorable report.

Upon motion of Senator Coggins, the bill is re-referred to Committee
on Appropriations.

By Senator McGeachy, for the Committee on Rules and Operation of the
Senate:

1969] SENATE JOURNAL 133

S. B. 125, a bill to change the time of meeting of the General Assembly
after the election of a governor to the second Wednesday in February,
with a favorable report.

H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina,
with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators MacLean, Staton, Robinson, Allen, McGeachy, S. Warren of
Sampson, James, Johnson, Ellis, Henley and J. White of Cleveland: S. B.
175, a bill to establish Pembroke College as a regional university with the
designation of "Pembroke State University."

Referred to Committee on Higher Education.

By Senators Penn, Evans, James, McGeachy, Bryan, Bagnal, Allsbrook,
MacLean, S. Warren of Sampson, Currie, Joyner, Poovey, Griffin, Saunders,
Bailey, Kirby, V. White of Pitt, Johnson, Larkins, J. White of Cleveland
and Robinson: S. B. 176, a bill to appropriate funds to facilities of the
Department of Mental Health for operational expenses and capital im-
provements for the biennium 1969-1971.

Referred to Committee on Mental Health.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore
County.

Referred to Committee on Local Government.

H. B. 132, a bill to extend the corporate existence of Confederate Woman's
Home.

Referred to Committee on State Government.

H. B. 169, a bill relating to hunting from public roads in Duplin and
Pender Counties.

Referred to Committee on Wildlife.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

Upon motion of Senator Evans, the bill is placed on the Calendar for
Wednesday, March 12, 1969.

Committee Substitute for S. B. 71, a bill reducing the term of office of
the Asheville City Council to two years.

134 SENATE JOURNAL [Session

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 133, a bill to repeal Chapter 503 of the Session Laws of 1953
relating to the recorder's court at Mooresville, Iredell County, and to amend
Chapter 613 Public-Local Laws 1913.

Passes its second and third readings and is ordered enrolled.

S. B. 72, a bill amending the North Carolina Seed Law so as to provide
an alternative method for collecting funds under said act, upon third
reading.

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington,
Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, Mc-
Geachy, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered sent to the House of Representatives.

H. B. 57, a bill granting ordinance-making authority to counties, upon
third reading.

Senator Bailey offers an amendment which fails of adoption.

The bill passes its third reading and is ordered enrolled.

S. B. 30, a bill granting ordinance-making authority to counties.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed indefinitely.

S. B. 131, a bill to validate the acts of certain notaries where the notary
seal incorrectly contained the name of another state.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Senate Committee Substitute for H. B. 97, a bill amending General
Statutes 20-179 so as to limit the first and second offenses of driving under
the influence of intoxicating liquor or narcotic drugs to six months im-
prisonment.

Senator Wood moves that the bill be re-referred to the Committee on
Highway Safety.

The motion fails to prevail.

The bill passes its second reading.

Upon objection of Senator Wood to its third reading, the bill remains
on the Calendar.

H. B. 84, a bill amending General Statutes 20-11 (b) relating to auto-
mobile operators learners' permits so as to permit night driving with such
permit.

Senator Wilkie offers an amendment which fails of adoption.

Passes its second and third readings and is ordered enrolled.

1969] SENATE JOURNAL 135

H. B. 145, a bill to amend Chapter 93B of the General Statutes to require
occupational licensing boards to file annual reports with the Attorney
General's office.

The bill passes its second reading.

Upon objection of Senator Penn to its third reading, the bill remains on
the Calendar.

H. B. 181, a bill to amend General Statutes 31-1 to authorize any person
of sound mind, and 18 years of age or over, to make a will.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Henley, the Senate adjourns to meet tomorrow
at 12 M.

FORTY-FOURTH DAY

Senate Chamber,
Thursday, March 6, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend J. V. C. Summerell, Pastor of the First
Presbyterian Church, Fayetteville.

Upon motion of Senator Kirby, the courtesies of the galleries are ex-
tended to Mrs. John L. McCain of Wilson, President of the North Carolina
Medical Society Auxiliary, and to members of the Society throughout the
State who are visiting the General Assembly today. Included in the group
of members is Mrs. McCain's mother-in-law, Mrs. P. O. McCain, who is the
founder of the Medical Society Auxiliary.

The President extends the courtesies of the galleries to Mrs. Glen
Persons of Greensboro, the daughter of Senator and Mrs. Edward Griffin.

The President extends the courtesies of the galleries to Terri Hines and
other members of Mrs. Wells' Fourth Grade Class of the O. R. Pope School,
Rocky Mount.

The President extends the courtesies of the galleries to Mrs. T. R. Bryan
and Miss Nell Marie Bryan, the wife and daughter of Senator Bryan, and
to Dr. and Mrs. T. R. Bryan, Jr. of North Wilkesboro, the son and daughter-
in-law of Senator Bryan, whose daughter Denise is serving as a Senate
pagette this week.

The President brings to the attention of the Senate the impressive record
of Senator Thomas R. Bryan's family in the General Assembly of North
Carolina. Senator Bryan's great-grandfather, Thomas Bryan, served in 1842
and 1844; his grandfather, John A. Bryan, served during five terms after
the Civil War; his father, T. S. Bryan, served in the General Assembly
Sessions of 1915 and 1935; and Senator Bryan himself served in the 1967
Session.

136 SENATE JOURNAL [Session

In recognition of this long and distinguished record, the President re-
quests that Senator Bryan preside over the Senate for a portion of today's
Session.

The President grants leave of absence to Senators Murrow, Bowles and
Rauch for tomorrow, March 7, 1969.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 57, an act granting ordinance-making authority to counties.

H. B. 84, an act amending General Statutes 20-ll(b) relating to auto-
mobile operators learners' permits so as to permit night driving with such
permit.

H. B. 133, an act to repeal Chapter 503 of the Session Laws of 1953 re-
lating to the recorder's court at Mooresville, Iredell County, and to amend
Chapter 613 Public-Local Laws 1913.

H. B. 181, an act to amend General Statutes 31-1 to authorize any person
of sound mind, and eighteen years of age or over, to make a will.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator MacLean, for the Committee on Agriculture:

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold, with a
favorable report.

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department of
Agriculture, with a favorable report.

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 113, a bill to recodify and simplify the law concerning discharge of
record of mortgages, deeds of trust and other instruments intended to
secure the payment of money or the performance of any other obligation,
with a favorable report, as amended.

H. B. 127, a bill to amend General Statutes 160-61.1, relating to the
authority of municipalities to execute warranty deeds, so as to make it
applicable to Moore County, with a favorable report.

By Senator Currie, for the Committee on Alcoholic Beverage Control:

S. B. 142, a bill to amend Chapter 982 of the Session Laws of 1963; to
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to
allocate the profits earned by the Hamlet Board of Alcoholic Control, with
a favorable report.

S. B. 155, a bill to authorize the qualified voters of the town of Bessemer
City to determine whether wine and beer may be legally sold and alcoholic

1969] SENATE JOURNAL 137

beverage control stores operated in the town of Bessemer City, with a
favorable report.

H. B. 146, a bill authorizing the Warren County Alcoholic Beverage
Control Board to sell wines having alcoholic content of less than fourteen
percent, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 77, a bill to amend the laws relating to mechanics' and material-
men's liens, with a favorable report, as amended.

S. B. 129, a bill to amend General Statutes 114-19 relating to taking
photographs of persons charged with criminal offenses, with a favorable
report, as amended.

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the
act of disobeying the directions of an officer directing traffic, with a
favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Flaherty: S. B. 177, a bill amending General Statutes
153-9(35%) and 153-9(35%) relating to the authority of boards of county
commissioners to expend nontax and tax revenues for soil and water con-
servation so as to make said statutes applicable to Caldwell County.

Referred to Committee on Local Government.

By Senators Wood and Harrington: S. B. 178, a bill enabling each of the
counties of the State to hold a special election for the purpose of con-
sidering whether a county shall or shall not impose and levy a sales and
use tax of one percent (1%) upon certain taxable transactions.

Referred to Committee on Finance.

By Senators Bailey and Henley: S. B. 179, a bill to appropriate funds
to the State Board of Education to provide financial assistance to hospital
programs of nursing education leading to diplomas in nursing.

Referred to Committee on Appropriations.

By Senator Poovey: S. B. 180, a bill to amend Chapter 160 of the General
Statutes relating to municipal corporations, so as to exclude Catawba
County from the provisions of Part 2 and Part 3 of the Article providing
for the extension of corporate limits.

Referred to Committee on Local Government.

By Senator MacLean: S. B. 181, a bill to amend General Statutes 130-13,
so as to increase the membership of the Robeson County Board of Health.

Referred to Committee on Public Health.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

138 SENATE JOURNAL [Session

H. B. 49, a bill to authorize county boards of elections to conduct a new
registration of voters during the year 1969 pursuant to installing loose-leaf
registration as required by General Statutes 163-65.

Referred to Committee on Election Laws.

H. B. 121, a bill to amend the regulations pertaining to the sale of
firearms.

Referred to Committee on Judiciary No. 1.

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the
size of vehicles and extending the length of certain trucks.

Referred to Committee on Public Roads.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 117, a bill authorizing Person County to levy special purpose taxes
for certain purposes, upon second reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville
so as to include the area on which the city's waste stabilization lagoon is
located, upon second reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

S. B. 36, a bill to amend General Statutes 153-10.1 to authorize the board
of county commissioners of Robeson County to regulate garbage disposal.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 118, a bill to provide for filling vacancies on the board of county
commissioners of Person County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 161, a bill applicable to Winston-Salem only, amending General
Statutes 160-175.

1969] SENATE JOURNAL 139

Passes its second and third readings and is ordered enrolled.

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the
registers of deeds throughout North Carolina, upon second reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

Upon motion of Senator Patterson, the bill is placed upon the Calendar
for Tuesday, March 11, 1969, for its third roll call reading.

Senate committee substitute for H. B. 97, a bill amending General
Statutes 20-179 so as to limit the first and second offenses of driving under
the influence of intoxicating liquor or narcotic drugs to six months im-
prisonment, upon third reading.

The bill passes its third reading and is ordered sent to the House of
Representatives for concurrence in the Senate substitute bill.

H. B. 145, a bill to amend Chapter 93B of the General Statutes to require
occupational licensing boards to file annual reports with the Attorney
General's office, upon third reading.

The bill passes its third reading and is ordered enrolled.

S. B. 125, a bill to change the time of meeting of the General Assembly
after the election of a governor to the second Wednesday in February.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the
General Statutes relating to the powers, officers and supervision of credit
unions.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 58, a bill to amend General Statutes 24-10 relating to seven percent
interest on residential loans so as to permit seven percent interest on certain
church building and improvement loans.

Passes its second and third readings and is ordered enrolled.

H. B. 82, a bill to amend General Statutes 53-91 to authorize loans in
excess of $2,500 to officers of banks.

Passes its second and third readings and is ordered enrolled.

H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.

Upon motion of Senator Coggins, consideration of the resolution is
postponed until Tuesday, March 11, 1969.

Upon motion of Senator Evans, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

140 SENATE JOURNAL [Session

FORTY-FIFTH DAY

Senate Chamber,
Friday, March 7, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the galleries to Mrs. Rae H.
Morris of Concord, the mother-in-law of Senator Boger.

The President extends the courtesies of the galleries to the fourth grade
of Biscoe Elementary School, Biscoe, and to their teacher, Mrs. Walker,
and to former Senator J. F. Allen of Montgomery County, who accompanied
them.

Upon motion of Senator S. Warren of Sampson, the President extends
the courtesies of the galleries to thirty-two pupils from the Garland Union
School, Garland, and to their teachers, Mrs. Marian Lamb and Mrs. Vergie
Pierce.

ENROLLED bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 58, an act to amend General Statutes 24-10 relating to 7% interest
on residential loans so as to permit 7% interest on certain church building
and improvement loans.

H. B. 82, an act to amend General Statutes 53-91 to authorize loans in
excess of $2500 to officers of banks.

H. B. 145, an act to amend Chapter 93B of the General Statutes to require
occupational licensing boards to file annual reports with the Attorney
General's office.

H. B. 161, an act applicable to Winston-Salem only, amending General
Statutes 160-175.

S. B. 34, an act to amend various sections of the General Statutes to take
into account the existence of the Court of Appeals.

S. B. 67, an act to authorize the dedication of streets in partition pro-
ceedings.

S. B. 88, an act to authorize the qualified voters of the town of Mount
Airy to determine whether or not alcoholic beverage control stores shall
be established in said town and to prescribe the disposition of the net
profits thereof.

S. B. 110, an act to authorize the use of school buses as needed for
instructional programs and to transport pupils with special needs.

1969] SENATE JOURNAL 141

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 154, a bill to amend Chapter 21 of the Session Laws of 1961 relating
to the rules and regulations for municipal elections of the city of Gastonia,
with a favorable report.

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter
246 of the Private Laws of 1907 to establish the position of town manager,
with a favorable report.

H. B. 148, a bill to require the Board of Education of Davie County to
furnish to the Board of County Commissioners of Davie County a quarterly
financial report, with an unfavorable report.

H. B. 150, a bill to increase the compensation of the county commissioners
of Wilson County, with a favorable report.

H. B. 177, a bill to amend Chapter 148 of the Session Laws of 1963 and
Chapter 152 of the Session Laws of 1967 relating to the charter of the
town of Nags Head and to amend said charter relating to the election of
the members of the governing body of said town, with a favorable report.

H. B. 180, a bill amending the charter of the city of Winston-Salem, with
a favorable report.

H. B. 192, a bill amending General Statutes 153-9(35%) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said Statutes applicable to New Hanover County, with a favorable report.

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965,
being the charter of the city of Charlotte in Mecklenburg County, with a
favorable report.

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Wilkes County, with a favorable report.

By Senator Edwards, for the Committee on Insurance:

S. B. 26, a bill to establish the North Carolina Underwriting Association
so as to provide a method whereby adequate fire and extended coverage
insurance may be obtained in the beach and coastal areas of North Carolina,
with an unfavorable report as to bill, favorable as to committee substitute
bill.

Upon motion of Senator Edwards, the substitute bill is placed on today's
Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Staton: S. B. 182, a bill to validate the publication of notice
of a special bond election to be held in the city of Sanford even though
the dates between the first and last publication of such notice is less than
thirty days.

142 SENATE JOURNAL [Session

Referred to Committee on Election Laws.

By Senator Joyner: S. B. 183, a bill to amend Sections 105-306(26);
105-308; 105-309 and 105-310 of the General Statutes of North Carolina in
order to authorize the board of county commissioners of Iredell County
to prescribe regulations relating to the listing of property for taxation in
Iredell County, and to authorize the division, or combining of townships
for tax listing purposes.

Referred to Committee on Local Government.

By Senator Burney: S. B. 184, a bill to amend Article 21, Chapter 143
of the General Statutes to clarify the authority of local air pollution
control programs.

Referred to Committee on Conservation and Development.

By Senator James: S. B. 185, a bill to accord certain school credits to
graduates of hospital schools of nursing.

Referred to Committee on Education.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant
for a North Carolina driver's license to surrender any out-of-state licenses
previously issued to him.

Referred to Committee on Highway Safety.

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended,
relating to alcoholic beverage control stores in the town of Roseboro.

Referred to Committee on Alcoholic Beverage Control.

H. B. 226, a bill to provide an election or referendum for certain areas
in Rockingham County on the question of whether or not they shall be
annexed to the Madison-Mayodan City administrative unit.

Referred to Committee on Education.

H. B. 248, a bill relating to the terms of office of members of the school
board of the Reidsville Graded School District in Rockingham County.

Referred to Committee on Education.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 117, a bill authorizing Person County to levy special purpose taxes
for certain purposes, upon third reading.

The bill passes its third reading by roll call vote, ayes 44, noes 0, as
follows:

1969] SENATE JOURNAL 143

Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S.
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland,
V. White of Pitt, Wilkie, Wood— 44.

The bill is ordered sent to the House of Representatives.

S. B. 169, a bill to extend the corporate limits of the city of Jacksonville
so as to include the area on which the city's waste stabilization lagoon is
located, upon third reading.

The bill passes its third reading by roll call vote, ayes 44, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Henley, James, Johnson,
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Nielson, Norton,
Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S.
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland,
V. White of Pitt, Wilkie, Wood— 44.

The bill is ordered sent to the House of Representatives.

Passes its second and third readings and is ordered sent to the House
of Representatives.

S. B. 155, a bill to authorize the qualified voters of the town of Bessemer
City to determine whether wine and beer may be legally sold and alcoholic
beverage control stores operated in the town of Bessemer City.

Passes its second and third readings and is ordered sent to the House
of Representatives.

H. B. 127, a bill to amend General Statutes 160-61.1 relating to the
authority of municipalities to execute warranty deeds, so as to make it
applicable to Moore County.

Passes its second and third readings and is ordered enrolled.

H. B. 146, a bill authorizing the Warren County ABC Board to sell wine
having alcoholic content of less than 14r/( ■

Upon motion of Senator Allsbrook, consideration of the bill is postponed
until Tuesday, March 11, 1969.

S. B. 77, a bill to amend the Laws relating to mechanics' and material-
men's liens.

Upon motion of Senator Burney the Committee amendment is adopted.

Upon motion of Senator Burney, consideration of the bill is postponed
until Wednesday, March 12, 1969.

Upon motion of Senator Ellis the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

144 SENATE JOURNAL [Session

S. B. 129, a bill to amend General Statutes 114-19 relating to taking
photographs of persons charged with criminal offenses.

Upon motion of Senator Boger the Committee amendment is adopted.

The bill, as amended, passes its second reading.

Upon objection of Senator Allsbrook to its third reading, the bill remains
on the Calendar.

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold.

Upon motion of Senator Boger consideration of the bill is postponed
until Tuesday, March 11, 1969.

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the
act of disobeying the directions of an officer directing traffic.

Upon motion of Senator Gurganus consideration of the bill is postponed
until Monday, March 10, 1969.

H. B. 212, a bill to amend Article 16 of Chapter 106 relating to bottling
of soft drinks so as to provide for regulation thereof by the Department of
Agriculture.

Passes its second and third readings and is ordered enrolled.

Committee Substitute for S. B. 26, a bill to establish the North Carolina
Underwriting Association so as to provide a method whereby adequate fire
and extended coverage insurance may be obtained in the beach area of
North Carolina.

Upon motion of Senator Edwards, the Committee Substitute Bill is
adopted.

Upon motion of Senator Johnson, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8 o'clock.

FORTY-SIXTH DAY

Senate Chamber,
Saturday, March 8, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Bailey
to the Chair, who calls the Senate to order and presides during the Session.

Prayer is offered by Mrs. Grace Ball of Raleigh.

Senator Coggins for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and is found
to be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

Upon motion of Senator Coggins, the Senate adjourns to meet on Monday
evening at 8:00 o'clock.

1969] SENATE JOURNAL 145

FORTY-SEVENTH DAY

Senate Chamber,
Monday, March 10, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces that the Journal of Saturday has been examined and
is found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to Boy Scout Troop 214 of Benson Memorial
Methodist Church, Raleigh, and to their leaders, Mr. Fred Greger, Mr. Coy
Brown and Dr. Frank Day.

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to Girl Scout Troop 541 of St. Andrews Methodist
Church, Raleigh, and to their leaders, Mrs. Andrew Webber, Mrs. Peggy
Bryan and Mrs. Mary Lee Wiseley.

Upon motion of Senator Larkins, the courtesies of the galleries are
extended to Mrs. Sankey W. Robinson, wife of the Senator from Columbus
County.

Upon motion of Senator Scott, the courtesies of the galleries are extended
to Mr. Tom Truitt, president of the Burlington Chapter of the North Caro-
lina Education Association, and to a delegation of Burlington teachers.

Upon motion of Senator Kirby, the courtesies of the galleries are ex-
tended to the Political Philosophy Club of Southern Nash High School in
Nash County, and to their advisors, Mr. B. B. Booth and Mrs. Pearl Finch.

The President extends the courtesies of the galleries to Mr. Ben H.
White of Washington, D. C, and to Mr. Bill White of Raleigh, the brother
and nephew of Senator V. White of Pitt County.

The President extends the courtesies of the galleries to Mrs. Willis Liles
and to Mr. and Mrs. Paul B. Griffin, the sister, brother and sister-in-law
of Senator Griffin of Franklin County.

The President grants leave of absence to Senator Bagnal for tonight
and tomorrow.

Upon motion of Senator Moore, H. B. 101, a bill creating the Charlotte-
Mecklenburg Charter Commission and providing for an election upon the
consolidation of the governments of the municipalities within, and the
county of, Mecklenburg, is placed upon tonight's Calendar.

The President recognizes Senator L. Warren of Wayne to read from
the well of the Senate a statement by individual members of the Law
School faculty and the Institute of Government of the University of North
Carolina at Chapel Hill on the present crisis at the University.

Upon motion of Senator Ellis, the statement read by Senator L. Warren
of Wayne is spread upon the Journal as follows:

146 SENATE JOURNAL [Session

This University has a long and honorable history of resisting efforts to
curtail freedom of expression. We associate ourselves unreservedly with
that tradition.

Adherence to that tradition does not require defense — or even con-
donation— of methods of expression which trespass upon the rights of
others and disrupt the life of the University. Indeed, nothing so effectually
sabotages any meaningful search for truth as the tactical resort to violence
or threats of violence by a militant minority which insists that it alone can
identify truth and that whatever is identified by it as truth, must be
universally accepted. This is the totalitarian — not the democratic — approach
to freedom of expression.

The mission of the University would be equally subverted if its teachers,
who have voluntarily entered into lawful contracts, deliberately pervert or
refuse to carry out their assignments, justifying such conduct by citing
their disagreement with their characterization of University policies. Such
conduct is not a legitimate assertion of the right to criticize. It is a breach
of faith and a clear neglect of duty. Such conduct, legally and morally
unjustifiable, is peculiarly reprehensible when engaged in by those who
profess high moral motives.

In the present University crisis, to the extent that a labor dispute is
involved, we believe that the University is moving, with good will and in
good faith, to reach just solutions. We strongly endorse that effort and
urge that it continue with maximum possible speed. We believe that the
labor dispute can be settled more quickly and more justly if those groups
whose conduct led to the presence of highway patrolmen publicly renounce
any intention to renew such conduct. We have a poor case for withdrawal
of the patrol until we can point to such solid evidence that peace will
prevail in its absence.

Unfortunately, there is evidence that small minorities of students and
teachers, urged on and supported by individuals from outside the University
community, are determined, by violence, threats of violence, disruption and
neglect of duty, to force adoption of their views as to matters irrelevant
to the present labor dispute. We condemn any such effort. While there is
small chance that, by such tactics, they can win control of University
policies, there is real danger that they will goad the people of the State
into destroying freedom of expression for us all.

We support the Chancellor and the President in their efforts to maintain
order, to do justice, and to preserve for us and for posterity a University
in which truth wins its way by its intellectual merits.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 127, an act to amend General Statutes 160-60.1, relating to the
authority of municipalities to execute warranty deeds, so as to make it
applicable to Moore County.

1969] SENATE JOURNAL 147

H. B. 212, an act to amend Article 16 of Chapter 106 relating- to bottling
of soft drinks so as to provide for regulation thereof by the Department
of Agriculture.

H. B. 97, an act amending General Statutes 20-179 so as to limit the
first and second offenses of driving under the influence of intoxicating
liquor or narcotic drugs to six months imprisonment.

S. B. 35, an act to amend General Statutes 113-120.3 to increase penalty
for mutilation, destruction of posted signs.

S. B. 58, an act to give the members of the police departments of all
cities, towns and municipalities in Richmond County the authority to make
arrests and serve criminal process in the territories outside the corporate
limits for a distance of two and one-half miles.

S. B. 87, an act to amend General Statutes 160-181.2 so as to include the
city of Hamlet in the extraterritorial jurisdiction for zoning provisions.

S. B. 102, an act fixing the salaries of the county commissioners of Pitt
County at one hundred fifty dollars ($150.00) per month.

S. B. 123, an act placing Caswell County under the general laws relating
to county fiscal control.

S. B. 124, an act relating to the compensation of the members of the
board of county commissioners of Caswell County.

S. B. 136, an act to rewrite Article 46 of Chapter 143 of the General
Statutes, relating to the Governor's Committee on Law and Order.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Scott: S. B. 186, a bill to amend Chapters 18 and 105 of the
General Statutes to provide additional revenue and revenue sources for
the General Fund of the State and to redefine the definition of "Head of
Household" for income tax purposes.

Referred to Committee on Finance.

By Senator Scott: S. B. 187, a bill to amend Chapters 20 and 105 of the
General Statutes to provide additional revenue for the Highway Fund of
the State.

Referred to Committee on Finance.

By Senator Gurganus: S. B. 188, a bill appropriating funds to the
Roanoke Island Historical Association to pay off indebtedness for capital
improvements.

Referred to Committee on Appropriations.

By Senators Wood and Harrington: S. B. 189, a bill to amend General
Statutes 105-449 to provide an exemption from the state gasoline tax of
gasoline used in non-profit, non-public school transportation.

Referred to Committee on Public Roads.

By Senator Boger: S. B. 190, a bill to amend Chapter 716, Session Laws
of 1947, relating to the nomination and election of the members of the
Concord City Board of Education.

Referred to Committee on Local Government.

148 SENATE JOURNAL [Session

By Senator McGeachy: S. B. 191, a bill enabling municipalities to finance
redevelopment programs on an annual basis.
Referred to Committee on Local Government.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

H. B. 241, a bill to require skin divers to display a warning flag as ap-
proved by the Underwater Society of America.

Referred to Committee on Conservation and Development.

H. B. 242, a bill to exempt boats operated on private ponds from motor-
boat law.

Referred to Committee on Wildlife.

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize
the boards of county commissioners of Jackson, Transylvania, and Swain
Counties to prescribe regulations relating to the listing of property for
taxation in those counties.

Referred to Committee on Local Government.

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967
authorizing use of non-tax revenues for recreational purposes in Mecklen-
burg County.

Referred to Committee on Local Government.

H. B. 217, a bill authorizing the Pamlico County Board of Education to
convey to Hobucken Community Development, Inc. a portion of the
Hobucken School site on which the Hobucken School teacherage building is
located for use as a community center.

Referred to Committee on Local Government.

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947
relating to the establishment of Winston-Salem's Firemen's Retirement
Fund Association.

Referred to Committee on Local Government.

H. B. 244, a bill to establish a supplementary pension fund for firemen
in the town of North Wilkesboro.

Referred to Committee on Personnel and Employment Programs.

H. B. 249, a bill to make applicable to the town of Glen Alpine the pro-
visions of General Statutes 105-422 relating to the limitation of actions on
tax liens.

Referred to Committee on Local Government.

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance.

Referred to Committee on Wildlife.

H. B. 253, a bill to amend the charter of the town of Edenton, Chapter
1013 of the Session Laws of North Carolina, 1961, to eliminate the re-
quirement for a separate polling place in each of the several wards at
municipal elections.

1969] SENATE JOURNAL 149

Referred to Committee on Election Laws.

H. B. 254, a bill to close temporarily the bear season in a portion of
Gates County.

Referred to Committee on Wildlife.

H. B. 155, a bill to amend the General Statutes with regard to physicians
qualified to treat workmen's compensation claimants in North Carolina.

Referred to Committee on Manufacturing, Labor and Commerce.

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by
increasing the number of town commissioners in Norlina from three to five.

Referred to Committee on Local Government.

H. B. 232, a bill to provide a supplemental retirement fund for firemen
in the city of Wilson and to modify the application of General Statutes
118-5, General Statutes 118-6, and General Statutes 118-7 to the city of
Wilson.

Referred to Committee on Personnel and Employment Programs.

H. B. 240, a bill to regulate the use of firearms in field trials and in
training dogs.

Referred to Committee on Wildlife.

H. B. 255, a bill to create the office of Director of Finance in Cleveland
County.

Referred to Committee on Local Government.

House of Representatives,
Monday, March 10, 1969.

Mr. President:

It is ordered that a message be sent your Honorable Body requesting the
return of House Bill 248, "a bill to be entitled an act relating to the terms
of office of members of the School Board of the Reidsville Graded School
District in Rockingham County," for further consideration.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator Penn, the bill is ordered returned to the House
of Representatives.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 154, a bill to amend Chapter 21 of the Session Laws of 1961 relating
to the rules and regulations for municipal elections of the city of Gastonia.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 85, a bill to amend the charter of the town of Belhaven, Chapter 246
of the Private Laws of 1907 to establish the position of town manager.

Passes its second and third readings and is ordered enrolled.

H. B. 150, a bill to increase the compensation of the county commissioners
of Wilson County.

150 SENATE JOURNAL [Session

Passes its second and third reading's and is ordered enrolled.

Passes its second and third readings and is ordered enrolled.

H. B. 180, a bill amending the charter of the city of Winston-Salem.

Passes its second and third readings and is ordered enrolled.

H. B. 194, a bill to amend Chapter 713 of the Session Laws of 1965, being
the charter of the city of Charlotte in Mecklenburg County.

Passes its second and third readings and is ordered enrolled.

H. B. 196, a bill to amend General Statutes 105-345, fixing discounts
for prepayment of taxes in Wilkes County.

Passes its second and third readings and is ordered enrolled.

S. B. 129, a bill to amend General Statutes 114-19 relating to taking
photographs of persons charged with criminal offenses, upon third reading.

The bill, as amended, passes its third reading and is ordered engrossed
and sent to the House of Representatives.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 75, a bill to amend General Statutes 20-114.1 making unlawful the
act of disobeying the directions of an officer directing traffic.

Passes its second and third readings and is ordered enrolled.

H. B. 192, a bill amending General Statutes 153-9 ( 35 v2) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said statutes applicable to New Hanover County.

Passes its second and third readings and is ordered enrolled.

H. B. 101, a bill creating the Charlotte-Mecklenburg Charter Commission
and providing for an election upon the consolidation of the governments
of the municipalities within, and the county of, Mecklenburg, upon second
reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey,
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Upon motion of Senator Murrow, the Senate adjourns to meet tomorrow
at 12 M.

1969] SENATE JOURNAL 151

FORTY-EIGHTH DAY

Senate Chamber,
Tuesday, March 11, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the galleries to Mrs. James T.
Beatty, wife of Representative Beatty, and twenty members of the Charlotte
Junior Woman's Club.

Upon motion of Senator Scott, the President extends the courtesies of
the galleries to one hundred three seventh grade pupils from the Altamahaw
Ossipee School, Ossipee, and to their teacher, Mrs. Garrison.

The President recognizes Senator Nielson to escort Miss Gail Puzak to
the well of the Senate for the purpose of inviting the membership to
"Shenanigans 1969", a gala sponsored by Sigma Delta Chi, national
journalistics fraternity, in Greensboro on Friday, March 14, 1969.

Upon motion of Senator Moore, H. B. 241, a bill to require skin divers
to display a warning flag as approved by the Underwater Society of
America, is taken from the Committee on Conservation and Development
and re-referred to the Committee on Wildlife.

enrolled bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. B. 180, an act amending the charter of the city of Winston-Salem.

H. B. 192, an act amending General Statutes 153-9 (35 V2) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said Statutes applicable to New Hanover County.

H. B. 194, an act to amend Chapter 713 of the Session Laws of 1965,
being the charter of the city of Charlotte in Mecklenburg County.

H. B. 196, an act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Wilkes County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to
comply with the Federal Tax Lien Act of 1966, with a favorable report.

152 SENATE JOURNAL [Session

S. B. 143, a bill to amend General Statutes 84-33 relating to the annual
and special meetings of the North Carolina State Bar, with a favorable
report, as amended.

H. B. 121, a bill to amend the regulations pertaining to the sale of fire-
arms, with a favorable report, as amended.

By Senator Penn, for the Committee on Mental Health:

S. B. 176, a bill to appropriate funds to facilities of the Department of
Mental Health for Operational expenses and capital improvements for the
biennium 1969-1971, with a favorable report.

Upon motion of Senator Penn, the bill is re-referred to the Committee on
Appropriations.

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce:

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding
benefits, with a favorable report.

H. B. 31, a bill relating to the receipt of unordered merchandise so as
to provide that the recipient thereof is not liable for the payment thereof,
with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Wood: S. B. 192, a bill to amend General Statutes 20-289 (a)
to increase those license fees which are placed in the Dealers'-Manufac-
turers' License Fund.

Referred to Committee on Highway Safety.

By Senator Wood: S. B. 193, a bill to amend General Statutes 20-28 to
provide for the seizure of a motor vehicle being operated by a person
whose license is in a state of suspension or revocation.

Referred to Committee on Highway Safety.

By Senator Wood: S. B. 194, a bill to amend General Statutes 20-13(e)
and General Statutes 20-24(c) concerning the definition of conviction.

Referred to Committee on Highway Safety.

By Senators Henley, Ellis and Evans: S. J. R. 195, a joint resolution
urging the Appropriations Committees to fully review and act favorably
upon the "B" budget requests of the University of North Carolina School
of Medicine for the means to develop and expand programs relating to
community medical care, special education for North Carolina students,
and family physician education.

Referred to Committee on Public Health.

By Senators Henley, Ellis, Evans, James and Scott: S. B. 196, a bill to
appropriate certain funds to the University of North Carolina at Chapel
Hill School of Medicine to provide special teacher program for medical
students, to improve community medical care, and to improve education of
personal and family physicians.

Referred to Committee on Public Health.

1969] SENATE JOURNAL 153

By Senators Henley, Ellis, Evans and James: S. B. 197, a bill to ap-
propriate $127,554.00 to the University of North Carolina to establish a
Professor of Family Medicine at the School of Medicine.

Referred to Committee on Public Health.

By Senators Henley, Ellis, and James: S. J. R. 198, a joint resolution
urging the vocation guidance, recruitment and encouragement of students
to enter premedical and medical education.

Referred to Committee on Public Health.

By Senators Henley, Ellis and James: S. J. R. 199, a joint resolution
urging the three medical schools in the State to increase their output of
physicians.

Referred to Committee on Public Health.

By Senators Henley, Ellis and James: S. J. R. 200, a joint resolution
urging the strengthening of science and other facets of premedical educa-
tion.

Referred to Committee on Public Health.

By Senators Henley, Ellis and James: S. J. R. 201, a joint resolution
authorizing and directing the Legislative Research Commission to study
North Carolina's health manpower needs, measures to increase the supply,
and means to accomplish indicated changes in the health care system.

Referred to Committee on Public Health.

By Senators V. White of Pitt, Allsbrook, Robinson, Johnson, James and
Larkins: S. B. 202, a bill rewriting General Statutes 116-44. 10(b) relating
to the purposes of regional universities.

Referred to Committee on Higher Education.

By Senators J. White of Cleveland and Staton: S. B. 203, a bill to define,
regulate and license auctioneers of the State of North Carolina.

Referred to Committee on Manufacturing, Labor and Commerce.

By Senator Moore: S. B. 204, a bill to prohibit the taking of wildlife at
night with the aid of an artificial light from or through the use of any
conveyance.

Referred to Committee on Wildlife.

By Senators Henley, Ellis and Scott: S. B. 205, a bill to appropriate
certain funds to the University of North Carolina at Chapel Hill to provide
for certain capital improvements for the University Medical School.

Referred to Committee on Public Health.

By Senators Robinson and Burney: S. B. 206, a bill to revise and clarify
the law relating to riots and civil disorders.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senators Bailey and Coggins: S. J. R. 207, a joint resolution estab-
lishing a Wake County Bicentennial Commission.

Referred to Committee on Local Government.

By Senators Burney, S. Warren of Sampson, Dent, Briggs, Norton, Ellis
and Robinson: S. B. 208, a bill to make Wilmington College and Asheville-
Biltmore College campuses of the University of North Carolina under the

154 SENATE JOURNAL [Session

designations of "The University of North Carolina at Wilmington," and
"The University of North Carolina at Asheville."

Referred to Committee on Higher Education.

By Senator Ellis: S. B. 209, a bill to amend General Statutes 153-5 to
provide for staggered terms of office for the county commissioners of
Onslow County.

Referred to Committee on Local Government.

By Senators L. Warren of Wayne and Scott: S. B. 210, a bill to amend
General Statutes 147-69.1 relating to the investment of surplus funds of
the State.

Referred to Committee on Banking.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

H. B. 271, a bill to amend Article 50, Chapter 106 of the General Statutes
so as to provide for ballots by mail in referendums among producers of
agricultural products on the question of self-assessment programs.

Referred to Committee on Agriculture.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey,
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered enrolled.

H. B. 146, a bill authorizing the Warren County ABC Board to sell wines
having alcoholic content of less than 14 <"/<-.

Passes its second and third readings and is ordered enrolled.

S. B. 44, a bill to fix a uniform schedule of fees to be charged by the
Registers of Deeds throughout North Carolina, upon third reading.

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bailey,
Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,

1969] SENATE JOURNAL 155

Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered sent to the House of Representatives.

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold.

Upon motion of Senator Allsbrook, consideration of the bill is postponed
until Wednesday, March 12, 1969.

H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.

Senator L. Warren of Wayne offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

Upon motion of Senator Evans, the Senate adjourns to meet tomorrow
at 12 M.

FORTY-NINTH DAY

Senate Chamber,
Wednesday, March 12, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Charles Hubbard, Pastor of the First
Methodist Church of Wilson.

The President extends the courtesies of the galleries to members of the
Columbus County Committee of One Hundred, a group of outstanding
businessmen and civic leaders of the county, including Julius K. Powell,
former Senator and Chairman of the Committee of One Hundred; Horace
Whitley, Mayor of Whiteville; William S. Edmunds, Mayor of Lake
Waccamaw; H. J. Watts, Chairman, Columbus County Board of Commis-
sioners; Ed Walton Williamson, a member of the Columbus County Board
of Commissioners; Colonel Rudolph W. Walters, Executive Secretary,
Economic Development Commission of Columbus County; Phil Comer,
President of Southeastern Community College; D. L. Todd, Past President
of the North Carolina Merchants Association; Steve Wall, Editor of News
Reporter; Charles Langston, President of the Whiteville Merchants
Association; and former Senator Carl Meares, who now serves as a member
of the State Highway Commission.

The President extends the courtesies of the galleries to Mrs. John D.
Larkins, wife of the United States District Judge for the Eastern District

156 SENATE JOURNAL [Session

of North Carolina and the aunt of Senator Larkins, together with her
daughter, Mrs. Dalton Lofton, and two grandchildren.

The President extends the courtesies of the galleries to former Senator
Jimmy Johnson of Charlotte, who is now State Chairman of the Demo-
cratic Party.

Upon motion of Senator Griffin, the President extends the courtesies of
the galleries to Mr. Dale Starbuck, Sr. and to his son, Mr. Dale Starbuck,
Jr., of Raleigh. Mr. Starbuck, Sr. is a retired businessman who served as a
page in the 1895 Session of the Senate in which his grandfather was
a member. Since Mr. Starbuck still remembers the names of all those
members who served in the Senate in 1895, the President appoints Senator
Griffin to escort Mr. Starbuck to the well of the Senate, where he calls
the roll of the Session which met seventy-four years ago.

The President recognizes Senator McGeachy, who addresses the members
of the Senate on the subject of the Governor's action regarding the
current unrest on State-supported campuses.

Upon motion of Senator Boger, the remarks of Senator McGeachy are
spread upon the Journal as follows:

Mr. President and Members of the Senate :

Today, the General Assembly salutes Governor Bob Scott for his firm
and courageous leadership in the action involving recent disorders on State-
supported campuses.

Governor Scott has clearly set forth the procedure that will be followed
in disturbances and the seizure of buildings. This action, in advance of
trouble, removes all uncertainty as to the methods that should be followed.
Now, the heads of these institutions know they have behind them the
complete support and strength of the Governor's office and all law enforce-
ment agencies.

Governor Scott has recognized and lived up to the State's responsibility
to the hard-pressed taxpayers who are furnishing the money for these
State institutions.

More than $917,000,000.00, or 64.8%, of our State money was spent for
education in the last two years, and of this amount almost $151,000,000.00
went to support higher education.

He has taken action to see that this money is not wasted through
damaged property and disrupted classes.

Governor Scott has also recognized and met his responsibility to the
students and educators of North Carolina. He is for freedom of ex-
pression and has said that North Carolina recognizes, and our law will
protect, peaceful picketing and demonstrating to express a point of view.
However, this must not interfere with, or stop, the necessary activities at
our educational institutions.

We must maintain order so that through free and orderly communication
and expression the ideas and constructive criticism of students and faculty
can be received and the proper action taken.

This is not possible under the black flag of anarchy or the white flag of
abject surrender to a small group resorting to violence, threats of violence,

1969] SENATE JOURNAL 157

and disorder and destruction. They are using the totalitarian, not the
democratic, approach.

Academic freedom, not race or other issues, is involved. Academic free-
dom can only exist in an atmosphere of law and order.

Governor Scott has made it clear that everyone of the State campuses
are subject to the laws of North Carolina, and that the law will be enforced.

The Governor's leadership has already received response in the acts of
leadership exercised by President Friday, Chancellor Caldwell, and the
other three chancellors.

The students and faculty now have a clear challenge and call to leader-
ship. Are only a small group of students and faculty causing the destruction
and disorder?

Will the great majority of students and faculty have the courage and
leadership to show their disapproval of this disruption, and their desire
and demand for an orderly system ?

Can those in the educational community disagree and communicate
without having to resort to brute force ? Have they in their education
learned the truth about Reason, Restraint and Responsibility?

I hope and believe that the great majority of students and faculty in
North Carolina join the members of the University of North Carolina Law
School and the Institute of Government faculty in condemning these
violent and unlawful acts of disruption by a small group. It is time that
they speak with a strong clear voice.

More than 10,000 have signed a petition at Michigan State University
to show that the majority of the students and faculty are against disruptive
behavior.

At Notre Dame University, 75<# of the students favor their President's
firm policy for the dismissal of troublemakers, according to a recent survey.

Commenting on the Supreme Court's recent decision in an Iowa school
case, The New York Times stated in an editorial, "The majority of the
Justices felt — we think rightly — that a line could and should be drawn
between free expression and disorderly excess . . . There is no license
given here to riot, to interfere with classroom work."

I am certain the people of North Carolina are proud of the vision — the
courage — the leadership — and the action of Governor Bob Scott.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

S. B. 90, an act to amend Chaper 989, Session Laws of 1967, to clarify
election procedures in annexed areas.

H. B. 75, an act to amend General Statutes 20-114.1 making unlawful
the act of disobeying the directions of an officer directing traffic.

H. B. 85, an act to amend the charter of the town of Belhaven, Chapter
246 of the Private Laws of 1907, to establish the position of town manager.

H. B. 150, an act to increase the compensation of the county commis-
sioners of Wilson County.

158 SENATE JOURNAL [Session

H. B. 177, an act to amend Chapter 148 of the Session Laws of 1963 and
Chapter 152 of the Session Laws of 1967 relating to the charter of the
town of Nags Head and to amend said charter relating to the election of
the members of the governing body of said town.

H. B. 101, an act creating the Charlotte-Mecklenburg Charter Commission
and providing for an election upon the consolidation of the governments of
the municipalities within, and the county of, Mecklenburg.

H. B. 146, an act authorizing the Warren County ABC Board to sell
wines having alcoholic content of less than 14%.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Griffin, for the Committee on Veterans and Military Affairs:

S. B. 168, a bill to amend Chapter 127 of the General Statutes so as to
grant certain members of the North Carolina National Guard or State
Defense Militia immunity from criminal or civil liability for acts done on
the performance of their duties during time of public disaster or crisis,
with a favorable report.

By Senator Henley, for the Committee on State Government:

S. B. 130, a bill to provide for expansion of services of the North Carolina
Capital Building Authority, with an unfavorable report as to bill, favorable
report as to Committee Substitute bill.

Upon motion of Senator Henley, the Committee Substitute bill is placed
upon today's Calendar.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 177, a bill amending General Statutes 153-9 ( 35%) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said statutes applicable to Caldwell County, with a favorable report.

S. B. 183, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize
the board of county commissioners of Iredell County to prescribe regula-
tions relating to the listing of property for taxation in Iredell County, and
to authorize the division, or combining of townships for tax listing purposes,
with a favorable report.

S. B. 190, a bill to amend Chapter 716, Session Laws of 1947, relating to
the nomination and election of the members of the Concord City Board of
Education, with a favorable report.

Upon motion of Senator Boger, the bill is placed upon today's Calendar.

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore
County, with a favorable report.

Upon motion of Senator J. White of Cleveland, the bill is placed upon
today's Calendar.

H. B. 175, a bill to provide that the issuance of bonds after a bond order
takes effect shall be extended by the period of time within which such

1969] SENATE JOURNAL 159

bonds could not be issued because of litigation, with a favorable report,
as amended.

By Senator Wood, for the Committee on Highway Safety:

S. B. 192, a bill to amend General Statutes 20-289(a) to increase those
license fees which are placed in the Dealers'-Manufacturers' License Fund,
with a favorable report.

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant
for a North Carolina driver's license to surrender any out-of-state licenses
previously issued to him, with a favorable report.

By Senator Burney, for the Committee on Conservation and Development:

S. B. 163, a bill appropriating funds to the Department of Conservation
and Development for the construction and equipping of a Forestry Head-
quarters Building in Alamance County, with a favorable report.

Upon motion of Senator Burney, the bill is re-referred to the Committee
on Appropriations.

S. B. 184, a bill to amend Article 21, Chapter 143 of the General Statutes
to clarify the authority of local air pollution control programs, with a
favorable report, as amended.

By Senator Norton, for the Committee on Election Laws:

S. B. 182, a bill to validate the publication of notice of a special bond
election to be held in the city of Sanford even though the dates between
the first and last publication of such notice is less than thirty days, with a
favorable report.

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to
change the closing filing date from Saturday to Friday for candidates for
the Monroe City School Board of Education, with a favorable report.

By Senator Moore, for the Committee on Wildlife:

H. B. 242, a bill to exempt boats operated on private ponds from motor-
boat law, with a favorable report.

H. B. 240, a bill to regulate the use of firearms in field trials and in
training dogs, with a favorable report.

H. B. 241, a bill to require skin divers to display a warning flag as ap-
proved by the Underwater Society of America, with a favorable report,
as amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator James: S. B. 211, a bill pertaining to those persons who are
eligible to instruct persons studying to become registered nurses.

Referred to Committee on Public Health.

By Senator J. White of Cleveland: S. B. 212, a bill to amend the Con-
stitution of North Carolina to revise Article V concerning State and local
finance.

Referred to Committee on Constitution.

By Senator S. Warren of Sampson: S. B. 213, a bill to authorize a
referendum in the town of Garland on alcoholic beverage control stores.

160 SENATE JOURNAL [Session

Referred to Committee on Alcoholic Beverage Control.

By Senator West: S. B. 214, a bill to amend General Statutes 20-183.2(c)
concerning- safety equipment inspections of motor vehicles sold at retail.

Referred to Committee on Highway Safety.

By Senators Norton, Flaherty and Rauch: S. B. 215, a bill to amend
Chapter 163 of the General Statutes so as to permit blind voters to select
assistance without restriction.

Referred to Committee on Election Laws.

By Senators Norton, Dent, Flaherty, West, Briggs and Wilkie: S. B. 216,
a bill appropriating funds to the Department of Agriculture for the erection
and operation of a regional diagnostic laboratory for Western North
Carolina.

Referred to Committee on Agriculture.

By Senator Wood: S. B. 217, a bill to amend Chapter 81 of the General
Statutes of North Carolina to require labeling of containers of construction
mortar mixes.

Referred to Committee on Agriculture.

By Senator Griffin: S. B. 218, a bill to require motor vehicles to be
equipped with safe tires.

Referred to Committee on Highway Safety.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea of
guilty in first degree murder, first degree burglary, arson, and rape.

Referred to Committee on Judiciary No. 1.

H. J. R. 298, a joint resolution endorsing the observance of "National
Arthritis Month" and designating the month of May as "Arthritis Month
in North Carolina."

Upon motion of Senator Evans, the rules are suspended and the resolution
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

S. B. 156, a bill to amend Articles 11, 13 and 14 of Chapter 54 of the
General Statutes relating to the powers, officers and supervision of credit
unions, for concurrence in the House amendment.

Upon motion of Senator Edwards, the Senate concurs in the House
amendment and the bill is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to
comply with the Federal Tax Lien Act of 1966, upon second reading.

1969] SENATE JOURNAL 161

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington,
Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, McGeachy,
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

S. B. 77, a bill to amend the laws relating to mechanics' and material-
men's liens.

The bill, as amended, passes its second reading.

Senator Gurganus offers an amendment which fails of adoption.

The bill, as amended, passes its third reading and is ordered engrossed
and sent to the House of Representatives.

S. B. 143, a bill to amend General Statutes 84-33 relating to the annual
and special meetings of the North Carolina State Bar.

Upon motion of Senator L. Warren of Wayne, the amendment offered by
the Committee is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 167, a bill rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding
benefits.

The bill passes its second reading.

Upon objection of Senator Allsbrook to its third reading, the bill is placed
upon the Calendar for Friday, March 14, for this third reading.

H. B. 31, a bill relating to the receipt of unordered merchandise so as to
provide that the recipient thereof is not liable for the payment thereof.

Passes its second and third readings and is ordered enrolled.

H. B. 121, a bill to amend the regulations pertaining to the sale of
firearms.

Upon motion of Senator Nielson, the amendment offered by the Committee
is adopted.

The bill, as amended, passes its second and third readings and is ordered
returned to the House of Representatives for concurrence in the Senate
amendment.

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore
County, upon second reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

162 SENATE JOURNAL [Session

Henley, James, Johnson, Joyner, Kirby, Larkins, MacLean, McGeachy,
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Staton, S. Warren of Sampson, L. Warren of
Wayne, West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Committee substitute for S. B. 130, a bill to provide for expansion of
services of the North Carolina Capital Building Authority.

Upon motion of Senator Henley, the Committee substitute bill is adopted.

S. B. 190, a bill to amend Chapter 716, Session Laws of 1947, relating to
the nomination and election of the members of the Concord City Board of
Education.

Passes its second and third readings and is ordered sent to the House of
Representatives, by special messenger.

Upon motion of Senator Penn, the Senate adjourns to meet tomorrow
at 12 M.

FIFTIETH DAY

Senate Chamber,
Thursday, March 13, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Norwood Jones, Pastor of the United
Methodist Church, Louisburg.

Upon motion of Senators Allsbrook and V. White of Pitt, the President
extends the courtesies of the galleries to Mr. D. N. Beale and Mr. O. B.
Stokes, the Chief of Police and City Manager, respectively, of the city of
Roanoke Rapids.

The President grants leave of absence to Senators Scott and Edwards
for tomorrow, March 14, 1969.

Upon motion of Senator Boger, S. B. 101, a bill to enhance the continued
administration of institutions of learning, is taken from the Committee on
Judiciary No. 2 and re-referred to the Committee on Correctional Institu-
tions and Law Enforcement.

Upon motion of Senator Boger, S. B. 126, a bill relating to the common
law offenses of riot and inciting to riot, is taken from the Committee on
Judiciary No. 2 and re-referred to the Committee on Correctional Institu-
tions and Law Enforcement.

Upon motion of Senator Evans, H. B. 13, a bill to amend General Statutes
116-46.3 relating to participation in sixth-year program of graduate in-
struction for superintendents, assistant superintendents and principals of
public schools, is taken from the Committee on Education and re-referred
to the Committee on Higher Education.

1969] SENATE JOURNAL 163

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary
of State:

H. J. R. 298, a joint resolution endorsing the observance of "National
Arthritis Month" and designating the month of May as "Arthritis Month
in North Carolina".

H. J. R. 213, a joint resolution establishing a cut-off date after which no
local bills may be introduced in the General Assembly of North Carolina.

S. B. 156, an act to amend Articles 11, 13 and 14 of Chapter 54 of the
General Statutes relating to the powers, officers and supervision of credit
unions.

H. B. 31, an act relating to the receipt of unordered merchandise so as
to provide that the recipient thereof is not liable for the payment thereof.

S. B. 190, an act to amend Chapter 716, Session Laws of 1947, relating
to the nomination and election of the members of the Concord City Board
of Education.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator James, for the Committee on Public Health:

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment
and encouragement of students to enter premedical and medical education,
with a favorable report.

S. J. R. 199, a joint resolution urging the three medical schools in the
State to increase their output of physicians, with a favorable report.

S. B. 205, a bill to appropriate certain funds to the University of North
Carolina at Chapel Hill to provide for certain capital improvements for
the University Medical School, with a favorable report.

Upon motion of Senator James, the bill is re-referred to the Committee
on Appropriations.

S. B. 196, a bill to appropriate certain funds to the University of North
Carolina at Chapel Hill School of Medicine to provide special teacher
program for medical students, to improve community medical care, and to
improve education of personal and family physicians, with a favorable
report.

Upon motion of Senator James, the bill is re-referred to the Committee
on Appropriations.

S. B. 197, a bill to appropriate $127,554.00 to the University of North
Carolina to establish a professor of family medicine at the School of
Medicine, with a favorable report.

Upon motion of Senator James, the bill is re-referred to the Committee
on Appropriations.

S. J. R. 200, a joint resolution urging the strengthening of science and
other facets of premedical education, with a favorable report.

164 SENATE JOURNAL [Session

H. B. 60, a bill to authorize and make uniform the procedure making a
gift of all or part of a human body after death for specified purposes, with
a favorable report.

By Senator Currie, for the Committee on Alcoholic Beverage Control:

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended,
relating to Alcoholic Beverage Control stores in the town of Roseboro, with
a favorable report.

S. B. 170, a bill to authorize a referendum in the towns of Biscoe and
Mount Gilead on alcoholic beverage control stores, with a favorable report.

H. B. 112, a bill to authorize the Cumberland County ABC Board to
establish a retirement system, with a favorable report.

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 112, a bill to provide for the creation of a tenancy by the entirety
in the division of land, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2 :

S. B. 106, a bill to provide for the certification of the existence and
amounts of assessment liens against real property, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators L. Warren of Wayne, Scott, Bailey and Harrington: S. B.
219, a bill to amend the State Highway Bond Act of 1965, subject to a vote
of the people of the State, to raise the maximum interest rate from four
per centum to five per centum per annum with respect to State of North
Carolina Highway Bonds.

Referred to Committee on Public Roads.

By Senator Dent: S. B. 220, a bill to establish district courts in the
twenty-eighth judicial district.

Referred to Committee on Courts and Judicial Districts.

By Senators J. White of Cleveland and Penn: S. B. 221, a bill restricting
the use of certain edible fish, limiting the amount of certain edible fish
one may have in his possession, prohibiting trawling and restricting purse
seining in certain coastal waters and for other purposes.

Referred to Committee on Wildlife.

By Senator Flaherty: S. B. 222, a bill to clarify General Statutes 20-28.1
relating to revocation of driving privileges of persons who drive while
licenses are revoked or suspended.

Referred to Committee on Highway Safety.

By Senator Johnson: S. B. 223, a bill to amend General Statutes
20-183.2 (a) concerning the safety equipment inspection of small trailers.

Referred to Committee on Highway Safety.

By Senator Johnson: S. B. 224, a bill authorizing Johnston County to
levy special purpose taxes for certain purposes.

Referred to Committee on Local Government.

1969] SENATE JOURNAL 165

By Senator Johnson: S. B. 225, a bill to amend General Statutes 153-10.1
to authorize the Board of County Commissioners of Johnston County to
regulate garbage disposal.

Referred to Committee on Local Government.

By Senator James: S. B. 226, a bill to exempt from jury duty the oper-
ating employees of a railroad when such employees are engaged in
emergency railroad work.

Referred to Committee on Courts and Judicial Districts.

By Senator Wood: S. J. R. 227, a joint resolution honoring Dr. John
Caldwell.

Upon motion of Senator Wood the rules are suspended and the bill is
placed on its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time, and
disposed of, as follows:

H. B. 265, a bill relating to the Alamance County Law Library.

Referred to Committee on Libraries.

H. J. R. 350, a joint resolution honoring the North Carolina Distributive
Education Clubs of America.

Upon motion of Senator Murrow the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 109, a bill to incorporate the village of Whispering Pines in Moore
County, upon third reading.

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy,
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West,
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered enrolled.

S. B. 182, a bill to validate the publication of notice of a special bond
election to be held in the city of Sanford even though the dates between the
first and last publication of such notice is less than thirty days.

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

166 SENATE JOURNAL [Session

S. B. 183, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
Board of County Commissioners of Iredell County to prescribe regulations
relating to the listing of property for taxation in Iredell County, and to
authorize the division or combining of townships for tax listing purposes.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 128, a bill to amend Chapter 666 of the Session Laws of 1967 to
change the closing filing date from Saturday to Friday for candidates for
the Monroe City School Board of Education.

Passes its second and third readings and is ordered enrolled.

S. B. 120, a bill to amend the Federal Tax Lien Registration Act to
comply with the Federal Tax Lien Act of 1966, upon third reading.

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy,
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West,
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered sent to the House of Representatives.

S. B. 192, a bill to amend General Statutes 20-289 (a) to increase those
license fees which are placed in the Dealers'-Manufacturers' License Fund.

Upon motion of Senator Wood, the bill is re-referred to the Committee on
Highway Safety.

H. B. 175, a bill to provide that the issuance of bonds after a bond order
takes effect shall be extended by the period of time within which such
bonds could not be issued because of litigation, upon second reading.

Upon motion of Senator Gurganus, the Committee amendment is adopted.

The bill, as amended, passes its second reading by roll call vote, ayes 48,
noes 0, as follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy,
Moore, Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed,
Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, West,
J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

Committee Substitute for S. B. 130, a bill to provide for expansion of
services of the North Carolina Capital Building Authority.

Upon motion of Senator Henley consideration of the bill is postponed
until Friday, March 14, 1969.

S. B. 168, a bill to amend Chapter 127 of the General Statutes so as to
grant certain members of the North Carolina National Guard or State
Defense Militia immunity from criminal or civil liability for acts done in
the performance of their duties during time of public disaster or crisis.

1969] SENATE JOURNAL 167

Senator Maxwell moves that the bill be re-referred to the Committee on
Correctional Institutions and Law Enforcement.

Senator Poovey moves the previous question, which motion is ruled out
of order.

Senator Maxwell moves the previous question, and that motion prevails.

The motion of Senator Maxwell to re-refer the bill prevails, and the bill
is re-referred to the Committee on Correctional Institutions and Law En-
forcement.

S. B. 177, a bill amending General Statutes 153-9(35%) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said Statutes applicable to Caldwell County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 184, a bill to amend Article 21, Chapter 143 of the General Statutes
to clarify the authority of local air pollution control programs.

Upon motion of Senator Burney the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 110, a bill to amend General Statutes 20-9 to require an applicant
for a North Carolina driver's license to surrender any out-of-state licenses
previously issued to him.

Upon motion of Senator Wood the bill is re-referred to the Committee on
Judiciary No. 2.

H. B. 240, a bill to regulate the use of firearms in field trials and in
training dogs.

Passes its second and third readings and is ordered enrolled.

H. B. 241, a bill to require skin divers to display a warning flag as ap-
proved by the Underwater Society of America.

Upon motion of Senator Moore the Committee amendment is adopted.

Senator Burney offers an amendment which is adopted.

Senator Coggins offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ments.

H. B. 242, a bill to exempt boats operated on private ponds from motor-
boat law.

The bill passes its second reading.

Upon objection of Senator Rauch to its third reading, the bill remains
upon the Calendar.

Upon motion of Senator S. Warren of Sampson, the Senate adjourns to
meet tomorrow morning at 10 o'clock.

168 SENATE JOURNAL [Session

FIFTY-FIRST DAY

Senate Chamber,
Friday, March 14, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Upon motion of Senators Joyner and Poovey, the courtesies of the
galleries are extended to the seventh grade of College Park Junior High
School, Hickory, and to their teachers, Mrs. Grace Cooke and Mr. David
Gentry.

Upon motion of Senator Saunders, the courtesies of the galleries are
extended to the following Council Members of the Village of Whispering
Pines in Moore County: Mr. A. B. Hardee, Dr. Robert E. Carey, Lt. General
Carson A. Roberts, Mr. William H. Toussiant and Admiral J. W. Leverton,
Jr; and to Mrs. Marydee Richards, Editor of The Whispering Pines Pitch.

Upon motion of Senator Rauch, the President extends the courtesies of
the galleries to the Civics Class of Wray Junior High School, Gastonia,
and to their teachers, Mr. Glendale Brooks, Mrs. Laura Hall and Mrs. Bill
Rucker.

The President grants leave of absence to Senators Dent, James, MacLean,
West and Penn for today.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State :

H. B. 109, an act to incorporate the village of Whispering Pines in Moore
County.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Scott, for the Committee on Finance:

S. B. 62, a bill to amend the income tax laws so as to permit the deduction
of small contributions to political campaigns, with an unfavorable report.

By Senator Norton, for the Committee on Election Laws:

H. B. 144, a bill relating to terms and election of officials of the town of
Wade in Cumberland County, with a favorable report.

By Senator Harrington, for the Committee on Public Roads:

1969] SENATE JOURNAL 169

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require
the State Highway Commission to mark paved roads with center and pave-
ment edge lines, with a favorable report, as amended.

Upon motion of Senator Harrington, the bill is placed upon today's
Calendar.

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the
size of vehicles and extending the length of certain trucks, with a favorable
report.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 180, a bill to amend Chapter 160 of the General Statutes relating to
municipal corporations, so as to exclude Catawba County from the pro-
visions of Part 2 and Part 3 of the Article providing for the extension of
corporate limits, with a favorable report.

S. B. 191, a bill enabling municipalities to finance redevelopment pro-
grams on an annual basis, with a favorable report.

S. J. R. 207, a joint resolution establishing a Wake County Bicentennial
Commission, with a favorable report.

S. B. 209, a bill to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County, with a
favorable report.

H. B. 36, a bill to amend the charter of the city of Mount Holly so as
to create a city council consisting of five members, with a favorable report,
as amended.

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so as
to permit Harnett County to release certain restrictions on hospital property,
with a favorable report.

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
boards of county commissioners of Jackson, Transylvania, and Swain
counties', to prescribe regulations relating to the listing of property for
taxation in those counties, with a favorable report.

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967
authorizing use of nontax revenues for recreational purposes in Mecklen-
burg County, with a favorable report.

H. B. 217, a bill authorizing the Pamlico County Board of Education to
convey to Hobucken Community Development, Inc. a portion of the
Hobucken School site on which the Hobucken School Teacherage building
is located for use as a community center, with a favorable report.

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947 re-
lating to the establishment of Winston-Salem Firemen's Retirement Fund
Association, with a favorable report.

170 SENATE JOURNAL [Session

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by
increasing the number of town commissioners in Norlina from three to
five, with a favorable report.

H. B. 249, a bill to make applicable to the town of Glen Alpine the pro-
visions of General Statutes 105-422 relating to the limitation of actions on
tax liens, with a favorable report.

H. B. 255, a bill to create the office of Director of Finance in Cleveland
County, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Boger: S. B. 228, a bill to amend Chapter 196, Session Laws
of 1967, to authorize the appointment of ABC officers in the town of Mt.
Pleasant, and to specify their jurisdiction.

Referred to Committee on Alcoholic Beverage Control.

By Senator Boger: S. B. 229, a bill to amend Chapter 195, Session Laws
of 1967, to authorize the appointment of ABC officers in the city of Concord
and to specify their jurisdiction.

Referred to Committee on Alcoholic Beverage Control.

By Senator Ellis: S. B. 230, a bill to amend Chapter 115A of the General
Statutes by adding General Statutes 115A-17.2 permitting disposition of
real and personal property by community colleges.

Referred to Committee on Education.

By Senator Flaherty: S. B. 231, a bill extending the jurisdiction of the
police officers of the city of Morganton in Burke County.

Referred to Committee on Local Government.

By Senator Folger: S. B. 232, a bill to establish a supplementary pension
fund for firemen in the town of Elkin.

Referred to Committee on Local Government.

By Senators Staton, Allen and Flaherty: S. B. 233, a bill relating to the
age and hours of a week's work of women.

Referred to Committee on Manufacturing, Labor and Commerce.

By Senator Gurganus: S. B. 234, a bill appropriating the sum of ten
thousand dollars for each year of the biennium to the Elizabethan Garden
of the Garden Clubs of North Carolina, Inc.

Referred to Committee on Appropriations.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 48, a bill to make it a felony for a person to remove a child from
this State when a court has awarded custody to another person, for con-
currence in the House amendment.

1969] SENATE JOURNAL 171

Upon motion of Senator Boger, the Senate concurs in the House amend-
ment and the bill is ordered enrolled.

H. B. 134, a bill to amend General Statutes 14-132.1 so as to increase the
maximum punishment for demonstrations or assemblies of persons kneeling
or lying down in public buildings.

Referred to Committee on Correctional Institutions and Law Enforcement.

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5)
defining the primary purpose of Elizabeth City State College, Fayetteville
State College, and Winston-Salem State College.

Referred to Committee on Higher Education.

H. B. 193, a bill to amend North Carolina General Statutes 116-45(2)
denning the primary purpose of Pembroke State College.

Referred to Committee on Higher Education.

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on
alcoholic beverage control stores and the sale of beer and wine.

Referred to Committee on Alcoholic Beverage Control.

H. B. 266, a bill to authorize the Vance County Board of Education to
convey certain surplus property to the county of Vance.

Referred to Committee on Education.

H. B. 287, a bill to eliminate the requirement that not more than two
members of the Orange County Board of Education may reside in any one
township of the county.

Referred to Committee on Education.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 170, a bill to authorize a referendum in the towns of Biscoe and
Mount Gilead on alcoholic beverage control stores.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 112, a bill to authorize the Cumberland County Alcoholic Beverage
Control Board to establish a retirement system.

Passes its second and third readings and is ordered enrolled.

H. B. 219, a bill to amend Chapter 48, Session Laws of 1963, as amended,
relating to alcoholic beverage control stores in the town of Roseboro.

Passes its second and third readings and is ordered enrolled.

The bill, as amended, passes its third reading by roll call vote, ayes 42,
noes 0, as follows:

172 SENATE JOURNAL [Session

Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Staton, S. Warren of
Sampson, L. Warren of Wayne, J. White of Cleveland, V. White of Pitt,
Wilkie, Wood— 42.

The bill is ordered sent to the House of Representatives for concurrence
in the Senate amendment.

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding
benefits.

Upon motion of Senator Staton, action on the bill is postponed until
Thursday, March 20, 1969.

H. B. 242, a bill to exempt boats operated on private ponds from motor-
boat law, upon third reading.

The bill passes its third reading and is ordered enrolled.

S. B. 106, a bill to provide for the certification of the existence and
amounts of assessment liens against real property.

Upon motion of Senator Boger, consideration of the bill is postponed
until Monday, March 17, 1969.

S. B. 112, a bill to provide for the creation of a tenancy by the entirety
in the division of land.

Passes its second and third readings and is ordered sent to the House of
Representatives.

Committee substitute for S. B. 130, a bill to provide for expansion of
services of the North Carolina Capital Building Authority.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment
and encouragement of students to enter premedical and medical education.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. J. R. 199, a joint resolution urging the three medical schools in the
State to increase their output of physicians.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. J. R. 200, a joint resolution urging the strengthening of science and
other facets of premedical education.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 60, a bill to authorize and make uniform the procedure making a
gift of all or a part of a human body after death for specified purposes.

Passes its second and third readings and is ordered enrolled.

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require
the State Highway Commission to mark paved roads with center and
pavement edge lines.

Upon motion of Senator Harrington, the amendment offered by the
Committee is adopted, and the bill remains upon the Calendar.

Upon motion of Senator Briggs, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8:00 o'clock.

1969] SENATE JOURNAL 173

FIFTY-SECOND DAY

Senate Chamber,
Saturday, March 15, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, the Principal Clerk, Roy Rowe, calls Senator Coggins to
the Chair who calls the Senate to order and presides during the Session.

Prayer is offered by Senator Coggins.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

FIFTY-THIRD DAY

Senate Chamber,
Monday, March 17, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Alfred Snipes, Pastor of Bunn Baptist
Church, Bunn, and a cousin of Senator Gorden P. Allen.

Upon motion of Senator Johnson, the President extends the courtesies of
the galleries to Girl Scout Cadet Troop No. 291 of Garner, and to their
leader, Mrs. Wally Johnson.

Upon motion of Senators Bailey and Coggins, the President extends the
courtesies of the galleries to the Honorable Travis H. Tomlinson, Mayor
of Raleigh.

Upon motion of Senator Scott, the President extends the courtesies of
the galleries to the Pioneer Youth Fellowship of Hawfields Presbyterian
Church, in Alamance County, and to their advisors, Mr. and Mrs. William
Covington.

Upon motion of Senator Staton, the President extends the courtesies of
the galleries to the students of a government class from Campbell College,
and to their teacher, Mr. George S. Graham.

Upon motion of Senators Bailey and Coggins, the President extends the
courtesies of the galleries to a group of fifteen teachers from LeRoy Martin
Junior High School, Raleigh.

The President extends the courtesies of the galleries to Mrs. Norris C.
Reed, Jr., wife of the Senator from Craven County, and to Mr. and Mrs.
Robert L. Blandford of New Bern.

The President grants leave of absence to Senator Henley for tonight.

174 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

S. B. 36, an act to amend General Statutes 153-10.1 to authorize the
Board of County Commissioners of Robeson County to regulate garbage
disposal.

S. B. 44, an act to fix a uniform schedule of fees to be charged by the
registers of deeds throughout North Carolina.

S. B. 48, an act to make it a felony for a person to remove a child from
this State when a court has awarded custody to another person.

S. B. 118, an act to provide for filling vacancies on the Board of County
Commissioners of Person County.

S. B. 131, an act to validate the acts of certain notaries where the notary
seal incorrectly contained the name of another state.

H. B. 60, an act to authorize and make uniform the procedure making
a gift of all or part of a human body after death for specified purposes.

H. B. 112, an act to authorize the Cumberland County ABC Board to
establish a retirement system.

H. B. 219, an act to amend Chapter 48, Session Laws of 1963, as amended,
relating to alcoholic beverage control stores in the town of Roseboro.

H. B. 242, an act to exempt boats operated on private ponds from motor-
boat law.

H. J. R. 350, a joint resolution honoring the North Carolina Distributive
Education Clubs of America.

H. B. 121, an act to amend the regulations pertaining to the sale of
firearms.

H. B. 128, an act to amend Chapter 666 of the Session Laws of 1967 to
change the closing filing date from Saturday to Friday for candidates for
the Monroe City School Board of Education.

H. B. 240, an act to regulate the use of firearms in field trials and in
training dogs.

S. B. 142, an act to amend Chapter 982 of the Session Laws of 1963; to
repeal Section 2 of Chapter 1062 of the Session Laws of 1967, and to
allocate the profits earned by the Hamlet Board of Alcoholic Control.

S. B. 155, an act to authorize the qualified voters of the town of
Bessemer City to determine whether wine and beer may be legally sold
and alcoholic beverage control stores operated in the town of Bessemer
City.

S. B. 182, an act to validate the publication of notice of a special bond
election to be held in the city of Sanford even though the dates between
the first and last publication of such notice is less than thirty days.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

1969] SENATE JOURNAL 175

By Senator MacLean, for the Committee on Agriculture:

S. B. 216, a bill appropriating funds to the Department of Agriculture
for the erection and operation of a regional diagnostic laboratory for
Western North Carolina, with a favorable report.

Upon motion of Senator MacLean, the bill is re-referred to the Com-
mittee on Appropriations.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator S. Warren of Sampson: S. B. 235, a bill to amend the
General Statutes relating to interest and charges on borrowed money.

Referred to Committee on Banking.

By Senator S. Warren of Sampson: S. B. 236, a bill to provide a supple-
mental retirement fund for firemen in the city of Clinton and to modify
the application of General Statutes 118-5, 118-6 and 118-7 to the city of
Clinton.

Referred to Committee on Local Government.

By Senator Kirby: S. B. 237, a bill to provide for a period of probation
when a new driver's license is issued under the provisions of General
Statutes 20-19(e).

Referred to Committee on Highway Safety.

By Senator MacLean: S. B. 238, a bill to authorize the city of Lumberton
to levy and collect taxes within the areas of the city administrative unit
which are outside the corporate limits.

Referred to Committee on Local Government.

By Senators Bowles, Murrow and Edwards: S. B. 239, a bill to provide
procedures for election of mayor and board of commissioners of the town
of Franklinville.

Referred to Committee on Local Government.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 63, a bill to amend Chapter 199, Session Laws of 1965 to allocate
the profits earned by the city of Rockingham Board of Alcoholic Control
and to provide for the appointment of members to the board.

Referred to Committee on Alcoholic Beverage Control.

H. B. 176, a bill to repeal Chapter 1113 of the 1967 Sessions Laws pro-
viding for the non-partisan election of the Henderson County Board of
Education and the extension of the terms of office of the members of the
Henderson County Board of Education so as to provide for the non-partisan

176 SENATE JOURNAL [Session

election of the entire membership of the Henderson County Board of
Education at the 1970 regular general county election.

Referred to Committee on Education.

H. B. 200, a bill amending the charter of the town of Littleton to remove
limitation on value of estate and property.

Referred to Committee on Local Government.

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
board of commissioners of Cleveland County to prescribe regulations re-
lating to the listing of property for taxation in that county, and to authorize
the division or combining of townships for tax listing purposes.

Referred to Committee on Local Government.

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Jones County.

Referred to Committee on Local Government.

H. B. 269, a bill relating to the election of the board of county commis-
sioners of Currituck County.

Referred to Committee on Election Laws.

H. B. 270, a bill to fix the compensation of the chairman and members
of the board of county commissioners of Currituck County.

Referred to Committee on Local Government.

H. B. 274, a bill to authorize the governing body of the town of Maxton,
North Carolina, to appoint a City Manager and to prescribe his powers
and duties.

Referred to Committee on Local Government.

H. B. 283, a bill to amend the act relating to the authority of the
Charlotte Firemen's Retirement System to invest in stock.

Referred to Committee on Local Government.

H. B. 284, a bill to amend the charter of the city of Charlotte.

Referred to Committee on Local Government.

H. B. 310, a bill to amend Section 160-25 of the General Statutes of
North Carolina.

Referred to Committee on Judiciary No. 1.

H. J. R. 360, a joint resolution congratulating the basketball team of the
University of North Carolina.

Upon motion of Senator Robinson, the rules are suspended and the bill
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as

follows:

S. J. R. 207, a bill establishing a Wake County Bicentennial Commission.
Passes its second and third readings and is ordered sent to the House of
Representatives.

1969] SENATE JOURNAL 177

S. B. 209, a bill to amend General Statutes 153-5 to provide for staggered
terms of office for the County Commissioners of Onslow County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 36, a bill to amend the charter of the city of Mount Holly so as to
create a city council consisting of five members.

Upon motion of Senator J. White of Cleveland the Committee amend-
ment is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

Passes its second and third readings and is ordered enrolled.

H. B. 144, a bill relating to terms and election of officials of the town of
Wade in Cumberland County.

Passes its second and third readings and is ordered enrolled.

H. B. 154, a bill to amend Chapter 508 of the Session Laws of 1947 so as
to permit Harnett County to release certain restrictions on hospital property.

Passes its second and third readings and is ordered enrolled.

H. B. 179, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
boards of county commissioners of Jackson, Transylvania and Swain
counties to prescribe regulations relating to the listing of property for
taxation in those counties.

Passes its second and third readings and is ordered enrolled.

H. B. 201, a bill to amend Chapter 598 of the Session Laws of 1967
authorizing use of non-tax revenues for recreational purposes in Mecklen-
burg County.

Passes its second and third readings and is ordered enrolled.

H. B. 217, a bill authorizing the Pamlico County Board of Education to
convey to Hobucken Community Development, Inc. a portion of the
Hobucken School site on which the Hobucken School Teacherage building is
located for use as a community center.

Passes its second and third readings and is ordered enrolled.

H. B. 222, a bill to amend Chapter 402 of the Session Laws of 1947 re-
lating to the establishment of Winston-Salem Firemen's Retirement Fund
Association.

Passes its second and third readings and is ordered enrolled.

H. B. 246, a bill to amend Chapter 119 of the Private Laws of 1913 by
increasing the number of town commissioners in Norlina from three to
five.

Passes its second and third readings and is ordered enrolled.

178 SENATE JOURNAL [Session

H. B. 249, a bill to make applicable to the town of Glen Alpine the
provisions of General Statutes 105-422 relating to the limitation of actions
on tax liens.

Passes its second and third readings and is ordered enrolled.

H. B. 255, a bill to create the office of director of finance in Cleveland
County.

Passes its second and third readings and is ordered enrolled.

S. B. 106, a bill to provide for the certification of the existence and
amounts of assessment liens against real property.

The bill passes its second reading.

Upon objection of Senator Gurganus to its third reading, the bill remains
on the Calendar.

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require
the State Highway Commission to mark paved roads with center and
pavement edge lines.

Upon motion of Senator Rauch consideration of the bill is postponed
until Tuesday, March 18, 1969.

Upon motion of Senator J. White of Cleveland, the bill is re-referred to
the Committee on Local Government.

S. B. 191, a bill enabling municipalities to finance redevelopment pro-
grams on an annual basis.

Upon motion of Senator McGeachy consideration of the bill is postponed
until Wednesday, March 19, 1969.

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the
size of vehicles and extending the length of certain trucks.

Upon motion of Senator Harrington consideration of the bill is postponed
until Wednesday, March 19, 1969.

Upon motion of Senator Bailey, the Senate adjourns to meet tomorrow
at 12 M.

FIFTY-FOURTH DAY

Senate Chamber,
Tuesday, March 18, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Paul K. Ausley, Pastor of the First
Presbyterian Church, Kings Mountain.

1969] SENATE JOURNAL 179

Upon motion of Senator Flaherty, the courtesies of the galleries are
extended to the Junior and Senior Classes of the North Carolina School for
the Deaf at Morganton.

Upon motion of Senator S. Warren of Sampson, the courtesies of the
galleries are extended to the seventh and eighth grades of exceptionally
talented children of the Union School in Sampson County, and to their
teacher, Mrs. Cornelius Matthews.

Upon motion of Senators Edwards, Bowles and Murrow, the courtesies
of the galleries are extended to Mr. Chuck Whitehurst, President, and a
delegation of fifteen members of the Greensboro Jaycees.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Kirby, for the Committee on Higher Education:

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa-
tion in sixth-year program of graduate instruction for superintendents,
assistant superintendents, and principals of public schools, with a favorable
report.

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5)
defining the primary purpose of Elizabeth City State College, Fayetteville
State College, and Winston-Salem State College, with a favorable report.

H. B. 193, a bill to amend North Carolina General Statute 116-45(2)
denning the primary purpose of Pembroke State College, with a favorable
report.

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages
recoverable for death by wrongful act, with a favorable report.

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce:

S. B. 105, a bill to amend the Minimum Wage Act, with a favorable
report.

Upon motion of Senator Staton, the bill is placed upon today's Calendar.

H. B. 155, a bill to amend the General Statutes with regard to physicians
qualified to treat workmen's compensation claimants in North Carolina,
with a favorable report, as amended.

By Senator James, for the Committee on Public Health:

S. B. 181, a bill to amend General Statutes 130-13, so as to increase the
membership of the Robeson County Board of Health, with a favorable
report.

S. J. R. 195, a joint resolution urging the Appropriations Committees to
fully review and act favorably upon the "B" budget requests of the
University of North Carolina School of Medicine for the means to develop
and expand programs relating to community medical care, special educa-
tion for North Carolina students, and family physician education, with a
favorable report.

180 SENATE JOURNAL [Session

Upon motion of Senator James, the bill is re-referred to the Committee
on Appropriations.

S. J. R. 201, a joint resolution authorizing and directing the Legislative
Research Commission to study North Carolina's health manpower needs,
measures to increase the supply, and means to accomplish indicated changes
in the health care system, with a favorable report.

Upon motion of Senator James, the bill is re-referred to the Committee
on Appropriations.

By Senator Ellis, for the Committee on Judiciary No. 1:

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea
of guilty in first degree murder, first degree burglary, arson, and rape,
with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator McGeachy: S. B. 240, a bill to amend Chapters 160 and 97
of the General Statutes to authorize municipalities to establish auxiliary
police departments and to provide workmen's compensation benefits to the
members thereof.

Referred to Committee on Local Government.

By Senator Bryan: S. B. 241, a bill authorizing the Wilkes County Board
of Education to convey certain real property.

Referred to Committee on Education.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 206, a bill to revise and consolidate the charter of the city of
Wilson and to repeal prior charter acts.

Referred to Committee on Local Government.

H. B. 229, a bill repealing Chapter 602 of the Session Laws of 1963
limiting the amount of school bonds which might be authorized for the
county of Cabarrus and fixing such limitation for said county within the
provisions of the County Finance Act.

Referred to Committee on Local Government.

H. J. R. 342, a joint resolution relative to a correction in Resolution 1
of the 1969 General Assembly.

Referred to Committee on Rules and Operation of the Senate.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 106, a bill to provide for the certification of the existence and
amounts of assessment liens against real property, upon third reading.

1969] SENATE JOURNAL 181

Senator Boger offers an amendment which is adopted.

The bill, as amended, passes its third reading and is ordered engrossed
and sent to the House of Representatives.

S. B. 149, a bill to amend Chapter 136 of the General Statutes to require
the State Highway Commission to mark paved roads with center and
pavement edge lines.

Upon motion of Senator Henley, the bill is re-referred to the Committee
on Appropriations.

H. B. 271, a bill to amend Article 50, Chapter 106, of the General Statutes
so as to provide for ballots by mail in referendums among producers of
agricultural products on the question of self-assessment programs.

Senator Wood offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives, for concurrence in the Senate amend-
ment.

S. B. 105, a bill to amend the Minimum Wage Act.

Upon motion of Senator Staton, consideration of the bill is postponed
indefinitely.

Upon motion of Senator Joyner, the Senate adjourns to meet tomorrow
at 12 M.

FIFTY-FIFTH DAY

Senate Chamber,
Wednesday, March 19, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator Scott, the President extends the courtesies of
the galleries to nineteen pupils of the seventh grade of the Mebane Middle
School, Mebane, and to their teacher, Mrs. Roy Cantrell.

The President extends the courtesies of the galleries to former Senators
Dallas Alford of Nash County, and J. Max Thomas of Union County, and
to former Representative Sneed High of Cumberland County.

The President extends the courtesies of the galleries to Mrs. Bruce B.
Briggs, wife of the Senator from Madison County, and to Mrs. Briggs'
mother, Mrs. S. H. Miller of Waynesville.

The President grants leave of absence to Senators Allen and James for
today.

Upon motion of Senator Griffin, the rules of the Senate are suspended
to permit the National President of the Veterans of Foreign Wars, Richard
W. Homan, to address the Senate. The President appoints Mr. Jake Nurkin,

182 SENATE JOURNAL [Session

a members of the Sergeant at Arms staff of the House of Representatives
and also a member of the Veterans of Foreign Wars, to escort Commander
Homan to the well of the Senate where he speaks briefly regarding the
nation's commitment to its war veterans.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. J. R. 30, a joint resolution congratulating the basketball team of the
University of North Carolina.

H. B. 43, an act repealing Chapter 5 of the 1965 Session Laws and
amending a portion of Section 1 of Chapter 34 of the 1953 Session Laws of
North Carolina to revise and establish ward boundary lines of the city of
Gastonia.

H. B. 144, an act relating to terms and election of officials of the town
of Wade in Cumberland County.

H. B. 154, an act to amend Chapter 508 of the Session Laws of 1947 so
as to permit Harnett County to release certain restrictions on hospital
property.

H. B. 179, an act to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize the
Boards of County Commissioners of Jackson, Transylvania and Swain
Counties to prescribe regulations relating to the listing of property for
taxation in those counties.

H. B. 201, an act to amend Chapter 598 of the Session Laws of 1967
authorizing use of nontax revenues for recreational purposes in Mecklen-
burg County.

H. B. 217, an act authorizing the Pamlico County Board of Education to
convey to Hobucken Community Development, Inc. a portion of the
Hobucken School site on which the Hobucken School Teacherage building
is located for use as a community center.

H. B. 222, an act to amend Chapter 402 of the Session Laws of 1947 re-
lating to the establishment of Winston-Salem Firemen's Retirement Fund
Association.

H. B. 246, an act to amend Chapter 119 of the Private Laws of 1913 by
increasing the number of town commissioners in Norlina from three to five.

H. B. 249, an act to make applicable to the town of Glen Alpine the pro-
visions of General Statutes 105-422 relating to the limitation of actions on
tax liens.

H. B. 241, an act to require skin divers to display a warning flag as
approved by the Underwater Society of America.

H. B. 255, an act to create the office of Director of Finance in Cleveland
County.

H. B. 175, an act to provide that the issuance of bonds after a bond
order takes effect shall be extended by the period of time within which such
bonds could not be issued because of litigation.

1969] SENATE JOURNAL 183

S. B. 40, an act to exempt the North Carolina Symphony Society,
Incorporated, from certain privilege license taxes.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Henley, for the Committee on State Government:

H. B. 132, a bill to extend the corporate existence of Confederate Woman's
Home, with a favorable report.

By Senator Edwards, for the Committee on Insurance:

S. B. 172, a bill to control certain acquisitions of or offers to acquire
capital stock of domestic insurance companies or insurance holding com-
panies and payment of dividends to insurance holding companies that
would substantially weaken insurance companies' financial soundness, with
an unfavorable report.

By Senator S. Warren of Sampson, for the Committee on Banking:

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the in-
vestment of surplus funds of the State, with a favorable report.

H. B. 152, a bill to amend General Statutes 24-8 which permits an 8%
interest rate, so as to include foreign or domestic real estate investment
trusts, with a favorable report.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 224, a bill authorizing Johnston County to levy Special Purpose
Taxes for certain purposes, with a favorable report.

S. B. 225, a bill to amend General Statutes 153-10.1 to authorize the
Board of County Commissioners of Johnston County to regulate garbage
disposal, with a favorable report.

S. B. 231, a bill extending the jurisdiction of the police officers of the
city of Morganton in Burke County, with a favorable report.

S. B. 232, a bill to establish a supplementary pension fund for firemen
in the town of Elkin, with a favorable report.

Upon motion of Senator Folger, consideration of the bill is postponed
until Friday, March 21, 1969.

S. B. 236, a bill to provide a supplemental retirement fund for firemen
in the city of Clinton and to modify the application of General Statutes
118-5, 118-6 and 118-7 to the city of Clinton, with a favorable report.

S. B. 239, a bill to provide procedures for election of mayor and board of
commissioners of the town of Franklinville, with a favorable report.

H. B. 200, a bill amending the charter of the town of Littleton to remove
limitation on value of estate and property, with a favorable report.

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same ap-
plicable to Jones County, with a favorable report.

184 SENATE JOURNAL [Session

H. B. 270, a bill to fix the compensation of the chairman and members
of the board of county commissioners of Currituck County, with a favorable
report.

H. B. 274, a bill to authorize the governing body of the town of Maxton,
North Carolina, to appoint a city manager and to prescribe his powers and
duties, with a favorable report.

By Senator Norton, for the Committee on Election Laws:

S. B. 215, a bill to amend Chapter 163 of the General Statutes so as to
permit blind voters to select assistance without restriction, with a favorable
report.

Senate Committee substitute for H. B. 174, a bill to amend General
Statutes 163-20 and General Statutes 163-31 regarding the oath of office
and the time of the meeting of county boards of elections, with an un-
favorable report as to bill, favorable as to committee substitute bill.

Upon motion of Senator Norton the substitute bill is placed on today's
Calendar.

H. B. 253, a bill to amend the charter of the town of Edenton, Chapter
1013 of the Session Laws of North Carolina of 1961 to eliminate the
requirement for a separate polling place in each of the several wards at
municipal elections, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Coggins and Bailey: S. B. 242, a bill relating to the sale or
distribution of harmful materials to minors.

Referred to Committee on Judiciary No. 1.

By Senator West: S. B. 243, a bill pertaining to the salaries of the sheriff
and register of deeds of Cherokee County.

Referred to Committee on Local Government.

By Senators Maxwell and Bailey: S. B. 244, a bill to authorize the
transfer of county prisoners to the State Department of Correction when
county jail facilities are insufficient and inadequate, and to authorize the
Council of State to assist the counties in paying the cost theerof in certain
cases.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Staton: S. B. 245, a bill to amend Chapter 134 of the Session
Laws of 1967 relating to vacancies occurring on the board of trustees of
the Sanford Graded School District.

Referred to Committee on Education.

By Senators Nielson and Bagnal: S. J. R. 246, a joint resolution honoring
Atkins High School of Winston-Salem for winning the North Carolina 4-A
Basketball Championship.

Upon motion of Senator Nielson the rules are suspended and the resolu-
tion is placed upon its immediate passage.

1969] SENATE JOURNAL 185

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating
to income tax, so as to exclude from gross income certain local law
enforcement officers' retirement benefits.

Referred to Committee on Finance.

H. B. 220, a bill to establish the hunting season for bear, deer and
squirrel in the counties of Duplin, Onslow and Pender.

Referred to Committee on Wildlife.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages
recoverable for death by wrongful act.

Senators Burney, L. Warren of Wayne, Bailey, McGeachy and Wood
debate the bill.

Senator Burney calls the previous question.

The motion prevails.

Upon the passage of the bill on its second reading Senator Bailey calls
for the "ayes" and "noes".

The call is sustained.

The bill passes its second reading by roll call vote, ayes 29, noes 17, as
follows:

Those voting in the affirmative are: Senators Boger, Briggs, Bryan,
Burney, Edwards, Ellis, Flaherty, Folger, Griffin, Gurganus, Harrington,
Henley, Johnson, Kirby, Larkins, Maxwell, McGeachy, Nielson, Patterson,
Penn, Poovey, Rauch, Reed, Robinson, Sapp, Scott, Staton, S. Warren of
Sampson, V. White of Pitt— 29.

Those voting in the negative are: Senators Bagnal, Bailey, Bowles,
Coggins, Currie, Dent, Evans, Joyner, MacLean, Moore, Murrow, Norton,
Saunders, L. Warren of Wayne, West, Wilkie, Wood — 17.

Senator Allsbrook votes "present".

The following pair is announced. Senators J. White of Cleveland "aye",
Allen "no".

Upon objection of Senator L. Warren of Wayne to its third reading, the
bill remains upon the Calendar.

S. B. 181, a bill to amend General Statutes 130-13, so as to increase the
membership of the Robeson County Board of Health.

Passes its second and third readings and is ordered sent to the House of
Representatives.

186 SENATE JOURNAL [Session

Senate Committee substitute for H. B. 174, a bill to amend General
Statutes 163-30 and General Statutes 163-31 regarding the oath of office
and the time of the meeting of county boards of elections.

Upon motion of Senator Norton the committee substitute is adopted,
and the bill remains upon the Calendar.

Upon motion of Senator Henley, the Senate adjourns to meet tomorrow
morning at 12 M.

FIFTY-SIXTH DAY

Senate Chamber,
Thursday, March 20, 1969.

The Senate meets pursant to adjournment, and in the absence of Lieu-
tenant Governor H. Patrick Taylor, Jr. is presided over by President Pro
Tempore N. Hector McGeachy, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Senator Moore for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and is found
to be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

The President extends the courtesies of the floor to former Senator LeRoy
Simmons of Duplin County.

The President extends the courtesies of the galleries to Mrs. Albert J.
Ellis, wife of the Senator from Onslow County, and to a group of ladies
from Jacksonville and Camp Lejeune accompanying her.

Upon motion of Senator Staton, the President extends the courtesies of
the galleries to the seventh grade of Sanford Middle School, Sanford, and
to their teacher Mrs. Sarah Holder.

Upon motion of Senator Robinson, the President extends the courtesies
of the galleries to the Waccamaw High School basketball team and to their
coach, Mr. James R. Dent.

The President extends the courtesies of the galleries to Girl Scout Troop
358 of Wadesboro and to their leader, Mrs. Joe Clarkson.

Upon motion of Senator Griffin, the courtesies of the galleries are ex-
tended to Girl Scout Troop 299 and to the eighth grade of Vance Academy,
both of Henderson, and to Mrs. Eleanor Wester, Mrs. Billy Williams, Mrs.
Charles Anderson and Mr. Robert Bobbitt accompanying them.

Upon motion of Senator Joyner, the President extends the courtesies of
the galleries to Mr. Robert Trexler, a member of the faculty of Gardner-
Webb College, Boiling Springs.

The President grants leave of absence to Senator Rauch for today and
for tomorrow, March 21, 1969.

The President grants leave of absence to Senator Bowles for tomorrow,
March 21, 1969.

1969] SENATE JOURNAL 187

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Currie, for the Committee on Alcoholic Beverage Control:

S. B. 53, a bill to permit a referendum in municipalities concerning the
sale of alcoholic beverages, with a favorable report, as amended.

S. B. 213, a bill to authorize a referendum in the town of Garland on
alcoholic beverage control stores, with a favorable report.

H. B. 63, a bill to amend Chapter 199, Session Laws of 1965, to allocate
the profits earned by the city of Rockingham Board of Alcoholic Control
and to provide for the appointment of members of the board, with a
favorable report.

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC
Boards to sell at public auction real and personal property, with a favorable
report.

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on
alcoholic beverage control stores and the sale of beer and wine, with a
favorable report.

By Senator Moore, for the Committee on Wildlife:

H. B. 169, a bill relating to hunting from public roads in Duplin and
Pender Counties, with a favorable report, as amended.

H. B. 254, a bill to close temporarily the bear season in a portion of Gates
County, with a favorable report.

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance, with a
favorable report.

By Senator Evans, for the Committee on Education:

S. B. 241, a bill authorizing the Wilkes County Board of Education to
convey certain real property, with a favorable report.

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967 re-
lating to vacancies occurring on the board of trustees of the Sanford
Graded School District, with a favorable report.

H. B. 176, a bill to repeal Chapter 1113 of the 1967 Session Laws pro-
viding for the non-partisan election of the Henderson County Board of
Education and the extension of the terms of office of the members of the
Henderson County Board of Education so as to provide for the non-partisan
election of the entire membership of the Henderson County Board of Edu-
cation at the 1970 regular general county election, with a favorable report.

H. B. 266, a bill to authorize the Vance County Board of Education to
convey certain surplus property to the county of Vance, with a favorable
report.

H. B. 287, a bill to eliminate the requirement that not more than two
members of the Orange County Board of Education may reside in any one
township of the county, with a favorable report.

188 SENATE JOURNAL [Session

S. B. 162, a bill to authorize the Thomasville City Board of Education to
acquire certain land for a school site and to authorize purchase and pay-
ment of same on an installment basis, with a favorable report, as amended.

By Senator Wood, for the Committee on Highway Safety:

S. B. 192, a bill to amend General Statutes 20-289 (a) to increase those
license fees which are placed in the Dealers'-Manufacturers' License Fund,
with a favorable report.

Upon motion of Senator Wood, the bill is re-referred to the Committee
on Finance.

S. B. 194, a bill to amend General Statutes 20-13(e) and General Statutes
20-24(c) concerning the definition of conviction, with an unfavorable report.

S. B. 218, a bill to require motor vehicles to be equipped with safe tires,
with an unfavorable report as to bill, favorable report as to Committee
Substitute bill.

Upon motion of Senator Wood, the Committee Substitute bill is placed
upon today's Calendar.

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation
of driving privileges of persons who drive while licenses are revoked or
suspended, with a favorable report.

S. B. 223, a bill to amend General Statutes 20-183.2(a) concerning the
safety equipment inspection of small trailers, with a favorable report.

S. B. 237, a bill to provide for a period of probation when a new driver's
license is issued under the provisions of General Statutes 20-19(e), with a
favorable report.

By Senator Patterson, for the Committee on Personnel and Employment
Programs:

H. B. 244, a bill to establish a supplementary pension fund for firemen
in the town of North Wilkesboro, with a favorable report.

By Senator Ellis, for the Committee on Judiciary No. 1:

H. B. 310, a bill to amend Section 160-25 of the General Statutes of
North Carolina, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator J. White of Cleveland: S. B. 247, a bill relating to filling
vacancies on boards of county commissioners.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 248, a bill authorizing boards
of county commissioners to fix a date for their regular monthly meetings
other than first Mondays.

Referred to Committee on Local Government.

1969] SENATE JOURNAL 189

By Senator J. White of Cleveland: S. B. 249, a bill relating to the clerk
to the board of county commissioners.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 250, a bill to amend Chapter 684
of the Session Laws of 1947 relating to the charter of the city of Kings
Mountain.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 251, a bill relating to meetings
of the board of county commissioners.

Referred to Committee on Local Government.

By Senator J. White of Cleveland: S. B. 252, a bill revising Article 6A
of Chapter 153 of the General Statutes of North Carolina concerning the
salaries of county officers and employees.

Referred to Committee on Local Government.

By Senator Evans: S. B. 253, a bill to amend Chapter 18 of the General
Statutes of North Carolina to provide additional revenue to be allocated
for public educational purposes.

Referred to Committee on Education.

By Senator Evans: S. B. 254, a bill to amend Chapter 18 of the General
Statutes of North Carolina to remove the limitation on purchase and trans-
portation of fortified wine.

Referred to Committee on Alcoholic Beverage Control.

By Senator Evans: S. J. R. 255, a joint resolution requesting the De-
partment of Motor Vehicles to change the numbering system currently
employed in the issuance of official automobile registration plates to
members of the General Assembly.

Referred to Committee on Public Roads.

By Senators Allsbrook and V. White of Pitt: S. B. 256, a bill to amend
the charter of the city of Roanoke Rapids for the purpose of providing for
the election of the mayor by the eligible voters of the city, and increasing
the time for the registration of voters in said city elections.

Referred to Committee on Local Government.

By Senators Allsbrook, Larkins, Dent, Kirby and Flaherty: S. B. 257, a
bill to establish the office of legislative comptroller responsible only to the
General Assembly of North Carolina and to fix the powers and duties of
such office.

Referred to Committee on State Government.

By Senators Larkins and V. White of Pitt: S. B. 258, a bill to amend
Article 5, Chapter 105 of the General Statutes of North Carolina to provide
for the levy of a statewide uniform one percent {l(/< ) surtax upon the sales,
use and other taxable transactions subject to the sales and use tax levied
for State purposes and to allocate the proceeds of said surtax for the
counties and municipalities of North Carolina.

Referred to Committee on Finance.

By Senator Flaherty: S. B. 259, a bill to amend General Statutes 160-453.1
and General Statutes 160-453.17 relating to annexation by municipalities in
Burke and Caldwell Counties.

190 SENATE JOURNAL [Session

Referred to Committee on Local Government.

By Senators Bowles, Johnson, Kirby, Staton, Evans, J. White of Cleve-
land, Reed, MacLean, Henley, Folger, Flaherty, Rauch, Ellis, Norton, Currie,
Robinson, Edwards, McGeachy, Gurganus, V. White of Pitt, Boger, S.
Warren of Sampson, Wood, Patterson and Seott: S. B. 260, a bill to pro-
vide for the North Carolina Center for Alcoholic Studies.

Referred to Committee on Mental Health.

By Senators Bowles, Murrow and Edwards: S. J. R. 261, a joint resolu-
tion honoring the life and memory of Philip J. Weaver, Superintendent of
Greensboro City Schools.

Upon motion of Senator Bowles, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives, by special messenger.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 335, a bill to amend the charter of the city of Greensboro, the same
being Chapter 37, Private Laws of 1923, as amended, and particularly as
revised and reorganized by Chapter 1137, Session Laws of 1959, as amended.

Referred to Committee on Judiciary No. 1.

H. B. 357, a bill amending General Statutes 14-107 relating to the
issuance of worthless checks and the punishment therefor so as to make
certain provisions thereof relating to punishment effective in Brunswick
County.

Referred to Committee on Judiciary No. 2.

H. J. R. 389, a joint resolution honoring the life and memory of Laurie
McEachern, former member of the General Assembly.

Upon motion of Senator Ellis, the rules are suspended and the resolution
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. J. R. 388, a joint resolution recognizing and congratulating the League
of Women Voters for fifty years of service to good government.

Upon motion of Senator Bailey, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 224, a bill authorizing Johnson County to levy special purpose
taxes for certain purposes, upon second reading.

The bill passes its second reading by roll call vote, ayes 44, noes 0, as
follows:

1969] SENATE JOURNAL 191

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent,
Edwards, Ellis, Evans, Flaherty, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, Maxwell, Moore, Murrow, Nielson,
Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S. Warren
of Sampson, L. Warren of Wayne, West, J. White of Cleveland, V. White
of Pitt, Wilkie, Wood— 44.

S. B. 231, a bill extending the jurisdiction of the police officers of the
city of Morganton in Burke County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 239, a bill to provide procedures for election of mayor and board of
commissioners of the town of Franklinville.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 200, a bill amending the charter of the town of Littleton to remove
limitation on value of estate and property.

Passes its second and third readings and is ordered enrolled.

H. B. 261, a bill amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same ap-
plicable to Jones County.

Passes its second and third readings and is ordered enrolled.

H. B. 270, a bill to fix the compensation of the chairman and members
of the board of county commissioners of Currituck County.

Passes its second and third readings and is ordered enrolled.

H. B. 274, a bill to authorize the governing body of the town of Maxton,
North Carolina, to appoint a city manager and to prescribe his powers and
duties.

Passes its second and third readings and is ordered enrolled.

S. B. 95, a bill to rewrite General Statutes 28-174, relating to damages
recoverable for death by wrongful act, upon third reading.

Senator L. Warren of Wayne offers an amendment.

Upon the adoption of the amendment Senator J. White of Cleveland calls
for the "ayes" and "noes".

The call is sustained.

The amendment fails of adoption by roll call vote, ayes 18, noes 26, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,

Bailey, Bowles, Coggins, Currie, Evans, James, Joyner, Murrow, Poovey,

Saunders, Scott, L. Warren of Wayne, J. White of Cleveland, Wilkie,
Wood— 18.

192 SENATE JOURNAL [Session

Those voting in the negative are: Senators Boger, Briggs, Bryan, Burney,
Dent, Edwards, Ellis, Flaherty, Griffin, Gurganus, Harrington, Henley,
Johnson, Kirby, Larkins, Maxwell, Nielson, Norton, Patterson, Reed, Robin-
son, Sapp, Staton, S. Warren of Sampson, West, V. White of Pitt — 26.

The following pairs are announced: Senators Moore "aye", Folger "no";
MacLean "aye", Penn "no".

Senator Coggins offers an amendment which fails of adoption.

Upon the passage of the bill upon its third reading Senator J. White
of Cleveland calls for the "ayes" and "noes".

The call is sustained.

The bill passes its third reading by roll call vote, ayes 28, noes 14, as
follows:

Those voting in the affirmative are: Senators Boger, Briggs, Bryan,
Burney, Edwards, Ellis, Flaherty, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Kirby, Larkins, Maxwell, Nielson, Patterson, Poovey,
Reed, Robinson, Sapp, Scott, Staton, S. Warren of Sampson, West, J. White
of Cleveland, V. White of Pitt— 28.

Those voting in the negative are: Senators Allen, Bagnal, Bowles, Coggins,
Currie, Dent, Evans, Joyner, Murrow, Norton, Saunders, L. Warren of
Wayne, Wilkie, Wood — 14.

Senator Allsbrook votes "present".

The following pairs are announced: Senators Rauch '"aye", Bailey "no";
Folger "aye", Moore "no"; Penn "aye", MacLean "no".

The bill is ordered sent to the House of Representatives.

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding
benefits.

Upon motion of Senator Allsbrook, consideration of the bill is postponed
until Tuesday, March 25, 1969.

S. B. 191, a bill enabling municipalities to finance redevelopment pro-
grams on an annual basis.

Upon motion of Senator J. White of Cleveland, consideration of the bill is
postponed until Tuesday, March 25, 1969.

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the
investment of surplus funds of the State.

Upon motion of Senator L. Warren of Wayne, consideration of the bill is
postponed until Friday, March 21, 1969.

S. B. 215, a bill to amend Chapter 163 of the General Statutes so as to
permit blind voters to select assistance without restriction.

Senator Gurganus offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 155, a bill to amend the General Statutes with regard to physicians
qualified to treat workmen's compensation claimants in North Carolina.

Upon motion of Senator Staton, consideration of the bill is postponed
until Monday, March 24, 1969.

S. B. 218, a bill to require motor vehicles to be equipped with safe tires.

1969] SENATE JOURNAL 193

Upon motion of Senator Wood, the Committee Substitute bill is adopted,
and the bill remains upon the Calendar.

Upon motion of Senator Bailey, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

FIFTY-SEVENTH DAY

Senate Chamber,
Friday, March 21, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

The President extends the courtesies of the galleries to former Senator
Fred Mclntyre of Charlotte.

The President extends the courtesies of the galleries to Mrs. N. Hector
McGeachy, Jr., wife of Senator McGeachy of Cumberland County, and to
Mrs. Clyde M. Norton, wife of Senator Norton of McDowell County.

Upon motion of Senator S. Warren of Sampson, the President extends
the courtesies of the galleries to Mrs. Mae Trouglefield, Chairman of the
Sampson County Democratic Women and to fourteen members of that
organization.

Upon motion of Senator Gurganus, the President extends the courtesies
of the galleries to the fifth grade of the Eastern Elementary School, Wash-
ington, and to their teacher, Mrs. Robert Keys, Jr.

Upon motion of Senators Joyner and Poovey, the President extends the
courtesies of the galleries to the seventh grade of Mountain View School,
Hickory, and to their teachers, Mr. Allen Biggerstaff and Miss Patricia
Wilson.

Upon motion of Senator Kirby, the President extends the courtesies of
the galleries to the eighth grade of Springfield Elementary School in Wilson
County, and to their teachers, Messrs. Freeman and Ledbetter and Mrs.
Bennett.

Upon motion of Senators Allsbrook and V. White of Pitt, the President
extends the courtesies of the galleries to the fourth grade of William L.
Medlin School, Roanoke Rapids, and to their teachers, Mrs. Thelma Garris
and Mrs. Jane Harmon.

Upon motion of Senators Wood and Briggs, the President extends the
courtesies of the galleries to Miss Kathryne Riddle and Mrs. Wilma Harris,
teachers at Elizabeth City Central High School, Elizabeth City, and
representatives from that school to Health Careers Congress, which is
presently meeting in Raleigh.

The President grants leave of absence to Senator Staton for today.

194 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

S. J. R. 246, a joint resolution honoring Atkins High School of Winston-
Salem for winning the North Carolina 4-A Basketball Championship.

S. B. 103, an act permitting citizens of this State to purchase rifles and
shotguns in contiguous states and defining antique firearms.

H. B. 36, an act to amend the charter of the city of Mount Holly so as
to create a city council consisting of five members.

S. B. 117, an act authorizing Person County to levy special purpose taxes
for certain purposes.

S. B. 143, an act to amend General Statutes 84-33 relating to the annual
and special meetings of the North Carolina State Bar.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator McGeachy, for the Committee on Rules and Operation of the
Senate:

S. B. 160, a bill to fix the compensation and provide for certain legislative
expenses of members of the General Assembly, with a favorable report.

Upon motion of Senator McGeachy, the bill is placed on the Calendar for
Tuesday, March 25, 1969.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment :

S. B. 243, a bill pertaining to the salaries of the Sheriff and Register of
Deeds of Cherokee County, with a favorable report.

S. B. 250, a bill to amend Chapter 684 of the Session Laws of 1947 re-
lating to the charter of the city of Kings Mountain, with a favorable report.

S. B. 256, a bill to amend the charter of the city of Roanoke Rapids for
the purpose of providing for the election of the mayor by the eligible
voters of the city, and increasing the time for the registration of voters
in said city elections, with a favorable report.

H. B. 206, a bill to revise and consolidate the charter of the city of Wilson
and to repeal prior Charter Acts, with a favorable report.

H. B. 283, a bill to amend the Act relating to the authority of the
Charlotte Firemen's Retirement System to invest in stock, with a favorable
report.

H. B. 284, a bill to amend the Charter of the city of Charlotte, with a
favorable report.

1969] SENATE JOURNAL 195

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Patterson: S. B. 262, a bill to amend Chapter 96, General
Statutes of North Carolina, as amended, known as the Employment Security
Law to provide: to make General Statutes 96-4 (e) conform to General
Statutes 138-5 with respect to per diem pay for members of State Boards,
etc.; to modify law with respect to appeals from the Superior Court to
higher courts to conform with the Judicial Department Act of 1965 (Chapter
7 A of the General Statutes); State Treasurer's bond to cover unemploy-
ment insurance fund; to clarify certain provisions of said Chapter by
defining the words "Week," "Average Weekly Insured Wage," "Vacation
Week," and "Partially Unemployed Week"; to modify contributions rate
tables; to change eligibility requirements of claimants with • respect to
vocational school and training programs and to provide disqualifications
for failure to accept training without good cause, and further, to provide
disqualifications for separation from such training courses without good
cause or misconduct, and to provide no charge to the account of the em-
ployers of any benefits paid to any claimant while attending training pro-
grams or vocational schools; to modify benefit tables; certain privileged
communications with respect to information given by claimants, and to
further clarify certain provisions of said Chapter.

Referred to Committee on Personnel and Employment Programs.

By Senator Patterson: S. B. 263, a bill to make certain amendments to
Chapter 135 of the General Statutes relating to the Teachers' and State
Employees' Retirement System.

Referred to Committee on Personnel and Employment Programs.

By Senator Patterson: S. B. 264, a bill to amend Chapter 128 of the
General Statutes relating to the Local Governmental Employees' Retire-
ment System.

Referred to Committee on Personnel and Employment Programs.

By Senator Penn: S. B. 265, a bill to amend General Statutes 20-129(d)
concerning rear lamps on small trailers.

Referred to Committee on Highway Safety.

By Senator Penn: S. B. 266, a bill authorizing the commissioners of
Caswell County to execute warranty deeds.

Referred to Committee on Judiciary No. 2.

By Senators L. Warren of Wayne, Scott and Harrington: S. B. 267, a bill
to amend the State Highway Bond Act of 1965, subject to a vote of the
people of the State, to remove the four per centum maximum interest rate
limitation with respect to State of North Carolina Highway Bonds.

Referred to Committee on Public Roads.

By Senator Allen: S. B. 268, a bill to authorize the governing board of
the city of Roxboro to make street and sidewalk improvements and to
specially assess the cost thereof without a petition.

Referred to Committee on Local Government.

196 SENATE JOURNAL [Session

By Senator MacLean: S. B. 269, a bill relating to the classification, ap-
praisal, valuation, assessment and taxation of land actively devoted to
agricultural uses.

Referred to Committee on Agriculture.

By Senators Moore, Poovey, V. White of Pitt, Penn, McGeachy, S. Warren
of Sampson and Folger: S. B. 270, a bill to amend General Statutes
105-446.2 to provide that the Wildlife Resources Commission shall continue
to be entitled to a portion of the net proceeds of gasoline taxes.

Referred to Committee on Wildlife.

By Senator McGeachy: S. J. R. 271, a joint resolution relative to a cor-
rection in Senate Joint Resolution 1 of the 1969 General Assembly.

Referred to Committee on Rules and Operation of the Senate.

By Senators Nielson, Bagnal, Sapp, Briggs and Murrow: S. B. 272, a bill
to amend the Constitution of North Carolina to provide for the approval
or veto by the Governor of public bills passed by the General Assembly.

Referred to Committee on Constitution.

By Senators Moore, Wilkie, Kirby, Poovey, Allen, Flaherty, Patterson
and Sapp: S. B. 273, a bill to accomplish the gradual reduction and elimina-
tion of the Intangibles Tax.

Referred to Committee on Finance.

By Senator Penn: S. B. 274, a bill to amend General Statutes 20-129.1
(4), (5), and (6) concerning required lights on small trailers.

Referred to Committee on Highway Safety.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 52, a bill to allow the governing bodies of the several cities and
towns of the State to fix their own compensation.

Referred to Committee on Local Government.

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General
Statutes 20-279.14, and General Statutes 20-279. 16(b), to remove there-
from provisions relative to furnishing proof of financial responsibility.

Referred to Committee on Insurance.

H. B. 288, a bill to amend General Statutes 18-57 so as to provide for the
distribution of ABC Store Funds in Northampton County.

Referred to Committee on Alcoholic Beverage Control.

H. B. 314, a bill to amend General Statutes 147-69.1 relating to the in-
vestment of surplus funds of the State.

Upon motion of Senator L. Warren of Wayne, the rules are suspended
and the bill is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. B. 324, a bill to enlarge the membership of the County Board of
Education of Tyrell County from three members to five members.

1969] SENATE JOURNAL 197

Referred to Committee on Education.

H. B. 356, a bill to amend the State Banking Laws.

Referred to Committee on Banking.

H. B. 376, a bill relating to the Fairmont City School Administrative
Unit in Robeson County.

Referred to Committee on Education.

S. J. R. 227, a joint resolution honoring Dr. John Caldwell, for con-
currence in House amendment.

Upon motion of Senator Wood the Senate concurs in the House amend-
ment and the bill is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 224, a bill authorizing Johnston County to levy Special Purpose
Taxes for certain purposes, upon third reading.

The bill passes its third reading by roll call vote, ayes 45, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis, Evans,
Folger, Griffin, Gurganus, Harrington, Henley, James, Johnson, Joyner,
Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Murrow, Nielson,
Norton, Patterson, Penn, Poovey, Reed, Robinson, Sapp, Saunders, Scott, S.
Warren of Sampson, L. Warren of Wayne, West, J. White of Cleveland,
V. White of Pitt, Wilkie, Wood— 45.

The bill is ordered sent to the House of Representatives.

Upon motion of Senator Saunders the Committee amendment is adopted.

The bill, as amended, passes its second reading by roll call vote, ayes 45,
noes 0, as follows:

The bill remains on the Calendar.

S. B. 213, a bill to authorize a referendum in the town of Garland on
alcoholic beverage control stores.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 232, a bill to establish a supplementary pension fund for firemen
in the town of Elkin.

198 SENATE JOURNAL [Session

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 241, a bill authorizing the Wilkes County Board of Education to
convey certain real property.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967
relating to vacancies occurring on the Board of Trustees of the Sanford
Graded School District.

Upon motion of Senator Reed consideration of the bill is postponed until
Monday, March 24, 1969.

Passes its second and third readings and is ordered enrolled.

H. B. 169, a bill relating to hunting from public roads in Duplin and
Pender Counties.

Upon motion of Senator S. Warren of Sampson the Committee amend-
ment is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

Passes its second and third readings and is ordered enrolled.

H. B. 232, a bill to provide a supplemental retirement fund for firemen
in the city of Wilson and to modify the application of General Statutes
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of
Wilson.

Upon motion of Senator Kirby consideration of the bill is postponed until
Tuesday, March 25, 1969.

H. B. 244, a bill to establish a supplementary pension fund for firemen
in the town of North Wilkesboro.

Passes its second and third readings and is ordered enrolled.

H. B. 254, a bill to close temporarily the bear season in a portion of
Gates County.

Passes its second and third readings and is ordered enrolled.

H. B. 264, a bill to authorize a referendum in the town of Aberdeen on
alcoholic beverage control stores and the sale of beer and wine.

Passes its second and third readings and is ordered enrolled.

H. B. 266, a bill to authorize the Vance County Board of Education to
convey certain surplus property to the county of Vance.

1969] SENATE JOURNAL 199

Passes its second and third readings and is ordered enrolled.

H. B. 287, a bill to eliminate the requirement that not more than two
members of the Orange County Board of Education may reside in any one
township of the county.

Passes its second and third readings and is ordered enrolled.

S. B. 53, a bill to permit a referendum in municipalities concerning the
sale of alcoholic beverages.

Upon motion of Senator J. White of Cleveland the Committee amend-
ments are adopted.

Upon motion of Senator J. White of Cleveland consideration of the bill
is postponed until Tuesday, March 25, 1969.

S. B. 210, a bill to amend General Statutes 147-69.1 relating to the in-
vestment of surplus funds of the State.

Upon motion of Senator L. Warren of Wayne consideration of the bill
is postponed indefinitely.

Committee Substitute for S. B. 218, a bill to require motor vehicles to
be equipped with safe tires.

Upon motion of Senator Griffin consideration of the bill is postponed until
Tuesday, March 25, 1969.

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation
of driving privileges of persons who drive while licenses are revoked or
suspended.

Upon motion of Senator Flaherty consideration of the bill is postponed
until Monday, March 24, 1969.

S. B. 223, a bill to amend General Statutes 20-183.2 (a) concerning the
safety equipment inspection of small trailers.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 225, a bill to amend General Statutes 153-10.1 to authorize the
Board of County Commissioners of Johnston County to regulate garbage
disposal.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 236, a bill to provide a supplemental retirement fund for firemen
in the city of Clinton and to modify the application of General Statutes
118-5, 118-6 and 118-7 to the city of Clinton.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 237, a bill to provide for a period of probation when a new driver's
license is issued under the provisions of General Statutes 20-19 (e).

Upon motion of Senator Kirby consideration of the bill is postponed until
Monday, March 24, 1969.

H. B. 13, a bill to amend General Statutes 116-46.3 relating to participa-
tion in sixth-year program of graduate instruction for superintendents,
assistant superintendents and principals of public schools.

Passes its second and third readings and is ordered enrolled.

200 SENATE JOURNAL [Session

H. B. 132, a bill to extend the corporate existence of Confederate
Woman's Home.

Passes its second and third readings and is ordered enrolled.

H. B. 135, a bill to repeal General Statutes 15-162.1, relating to a plea
of guilty in first degree murder, first degree burglary, arson and rape.

Passes its second and third readings and is ordered enrolled.

H. B. 147, a bill to amend General Statutes 18-45(8) to authorize ABC
Boards to sell at public auction real and personal property.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator McGeachy, the Senate adjourns to meet to-
morrow morning at 9:30 o'clock, at which time only Public Local bills will
be considered and adjournment will be until Monday evening at 8 o'clock.

FIFTY-EIGHTH DAY

Senate Chamber,
Saturday, March 22, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair who calls the Senate to order and presides during the Session.

Prayer is offered by Senator Coggins.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

FIFTY-NINTH DAY

Senate Chamber,
Monday, March 24, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

The President extends the courtesies of the galleries to Mr. John Snow
and thirty-eight brothers of Timberlake Chapter of Phi Alpha Delta, law
fraternity of the Wake Forest University School of Law.

1969] SENATE JOURNAL 201

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to Mrs. Preston Edsell, President of the Wake
County Democratic Women.

Upon motion of Senator Scott, the President extends the courtesies of the
galleries to Boy Scout Troop 17 of Burlington and to their leader, Mr. Kelly
Joyner.

Upon motion of Senator L. Warren of Wayne, the courtesies of the
galleries are extended to Girl Scout Cadet Troop 37 of Goldsboro and their
leaders, Mrs. W. Powell Bland and Mrs. John Weyher.

The President extends the courtesies of the galleries to Mrs. Lindsay C.
Warren, Jr., wife of Senator Warren of Wayne County; to Mrs. J. Ruffin
Bailey, wife of Senator Bailey of Wake County; to Mrs. John T. Henley,
wife of Senator Henley of Cumberland County; to Mrs. Marshall A. Rauch,
wife of Senator Rauch of Gaston County; to Mrs. Jack H. White, wife of
Senator White of Cleveland County; to Mrs. Janet Tate, registered nurse
for the Kings Mountain City Schools; and to Mrs. Thomas J. White of
Kinston.

The President recognizes Mrs. Lucy Daniels Inman and Mrs. Robert
Blades, members of the Junior League of Raleigh, who are accompanied by
Dr. Irving Schulman, Associate Director of the Irving Schwartz Institute,
Philadelphia, and Dr. Stonewall Stickney, Director of the Alabama Depart-
ment of Mental Health. Both Dr. Schulman and Dr. Stickney will speak at
the Forum on the Emotionally Disturbed Child in North Carolina which will
be held at the Raleigh Memorial Auditorium on Tuesday, March 25, 1969,
under the auspices of the Raleigh Junior League.

The President grants leave of absence to Senator Dent for tonight, and
to Senator Currie for tomorrow, March 25, 1969.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. J. R. 388, a joint resolution recognizing and congratulating the League
of Women Voters for fifty years of service to good government.

H. J. R. 389, a joint resolution honoring the life and memory of Laurie
McEachern, former member of the General Assembly.

S. J. R. 261, a joint resolution honoring the life and memory of Philip J.
Weaver, Superintendent of the Greensboro City Schools.

S. B. 72, an act amending the North Carolina Seed Law so as to provide
an alternative method for collecting funds under said act.

H. B. 200, an act amending the charter of the town of Littleton to remove
limitation on value of estate and property.

H. B. 274, an act to authorize the governing body of the town of Maxton,
North Carolina, to appoint a city manager and to prescribe his powers and
duties.

H. B. 253, an act to amend the charter of the town of Edenton, Chapter
1013 of the Session Laws of North Carolina, 1961, to eliminate the require-

202 SENATE JOURNAL [Session

ment for a separate polling place in each of the several wards at municipal
elections.

H. B. 261, an act amending Chapter 1073 of the Session Laws of 1959,
relating to the issuance of pistol permits, so as to make the same applicable
to Jones County.

H. B. 270, an act to fix the compensation of the chairman and members
of the board of county commissioners of Currituck County.

H. B. 271, an act to amend Article 50, Chapter 106, of the General
Statutes so as to provide for ballots by mail in referendums among pro-
ducers of agricultural products on the question of self-assessment programs.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Kirby: S. B. 275, a bill to amend General Statutes 20-17.1 (b),
General Statutes 20-23.1, General Statutes 20-141.3 (f), General Statutes
20-279.13(c), General Statutes 20-279.14, and General Statutes 20-279.16(b),
to remove therefrom provisions relating to furnishing proof of financial
responsibility.

Referred to Committee on Insurance.

By Senator Kirby: S. B. 276, a bill to amend General Statutes 20-146 (b)
to require vehicles to be driven in the right-hand lane, or as close as
practicable to the right-hand curb.

Referred to Committee on Highway Safety.

By Senators Burney and S. Warren of Sampson: S. B. 277, a bill to ap-
propriate funds to the North Carolina Department of Agriculture for the
establishment of a research station emphasizing sweet potatoes, vegetable
crops, and small fruits, to serve North Carolina, and to be located in one
of the southeastern counties named herein.

Referred to Committee on Appropriations.

By Senator V. White of Pitt: S. B. 278, a bill to amend Chapter 36 of
Session Laws of 1965 relating to the corporate limits of the town of
Farmville.

Referred to Committee on Local Government.

By Senator V. White of Pitt: S. B. 279, a bill to provide for an election
in the town of Farmville on the question of amending the town charter to
establish the office of town manager.

Referred to Committee on Local Government.

By Senator Bailey: S. B. 280, a bill amending General Statutes 55-67(b)
relating to the voting of corporate stock.

Referred to Committee on Judiciary No. 1.

By Senators Allsbrook and V. White of Pitt: S. B. 281, a bill appropri-
ating funds to the Department of Conservation and Development for the
construction and equipping of a forestry headquarters building in Warren
County.

Referred to Committee on Appropriations.

1969] SENATE JOURNAL 203

By Senator Allsbrook: S. B. 282, a bill providing for the determination
of the tenure of office for members of the city council of the city of
Roanoke Rapids.

Referred to Committee on Local Government.

By Senator Harrington: S. B. 283, a bill appropriating funds to the
North Carolina State University Agricultural Experiment Station for sup-
port of research in the Biological and Agricultural Engineering Department
for protection of tobacco products.

Referred to Committee on Appropriations.

By Senator Poovey: S. B. 284, a bill to amend General Statutes 20-20 to
clarify the same relative to a chauffeur's license.

Referred to Committee on Highway Safety.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 50, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation.

Referred to Committee on Local Government.

H. B. 66, a bill to set forth the offense of assault with a deadly weapon
upon a law enforcement officer or fireman and provide for punishment for
violation thereof.

Referred to Committee on Judiciary No. 1.

H. B. 223, a bill to amend Chapter 7A of the General Statutes so as to
increase the uniform jail fees to three dollars.

Referred to Committee on Courts and Judicial Districts.

H. B. 237, a bill to authorize any county operating an ambulance service
to appoint an ambulance commission and delegate powers thereto.

Referred to Committee on Local Government.

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to
provide a one per cent (lr/r) discount upon certain ad valorem tax pre-
payments.

Referred to Committee on Local Government.

H. B. 291, a bill abolishing the salary of the constable of Henderson
Township in Vance County.

Referred to Committee on Courts and Judicial Districts.

H. B. 292, a bill to amend Chapter 215 of the Public Local Laws of 1931,
relating to fox hunting in Hoke and other counties so as to exempt Hoke
County from the provisions of said act.

Referred to Committee on Wildlife.

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Stokes County.

Referred to Committee on Local Government.

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County.

204 SENATE JOURNAL [Session

Referred to Committee on Local Government.

H. B. 325, a bill prohibiting the hunting of game animals with dogs
between March 1 and October 15 in Beaufort County.

Referred to Committee on Local Government.

H. B. 312, a bill amending Chapter 146 of the Public Local Laws of 1941
so as to provide that the members of the Utilities Commission of the city
of Greenville may fix their salaries, subject to designated limits.

Referred to Committee on Local Government.

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing
therein a new definition of resident.

Referred to Committee on Judiciary No. 2.

H. B. 326, a bill to extend the territorial jurisdiction of the police depart-
ment of the town of Manteo in Dare County.

Referred to Committee on Local Government.

H. B. 346, a bill to amend General Statutes 153-10.1, relating to removal
and disposal of trash, garbage, etc., so as to make said section applicable to
Rockingham County.

Referred to Committee on Local Government.

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North
Carolina, 1961, being the charter of the town of Elon College relating to
the adoption of ordinances and resolutions.

Referred to Committee on Local Government.

H. B. 362, a bill to amend the charter of Lincolnton to increase the
salary of the mayor and aldermen and to designate Lincolnton as the
"City of Lincolnton".

Referred to Committee on Local Government.

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905
relating to the election of the mayor and commissioners of the town of
Coats in Harnett County.

Referred to Committee on Local Government.

H. B. 365, a bill to authorize the board of county commissioners of Nash
County to compensate Mrs. Joe Powell for injuries received while in the
service of Nash County.

Referred to Committee on Judiciary No. 2.

H. J. R. 418, a joint resolution honoring Robert O. Huffman.

Upon motion of Senator Flaherty, the rules are suspended and the resolu-
tion is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 162, a bill to authorize the Thomasville City Board of Education
to acquire certain land for a school site and to authorize purchase and
payment of same on an installment basis, upon third reading.

1969] SENATE JOURNAL 205

The bill, as amended, passes its third reading by roll call vote, ayes 48,
noes 0, as follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
James, Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered engrossed and sent to the House of Representatives.

H. B. 206, a bill to revise and consolidate the charter of the city of
Wilson and to repeal prior charter acts, upon second reading.

The bill passes its second reading by roll call vote, ayes 48, noes 0, as
follows:

S. B. 243, a bill pertaining to the salaries of the sheriff and register of
deeds of Cherokee County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 245, a bill to amend Chapter 134 of the Session Laws of 1967 re-
lating to vacancies occurring on the board of trustees of the Sanford Graded
School District.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 250, a bill to amend Chapter 684 of the Session Laws of 1947 re-
lating to the charter of the city of Kings Mountain.

Passes its second and third readings and is ordered sent to the House of
Representatives.

206 SENATE JOURNAL [Session

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 283, a bill to amend the act relating to the authority of the
Charlotte Firemen's Retirement System to invest in stock.

Passes its second and third readings and is ordered enrolled.

H. B. 284, a bill to amend the charter of the city of Charlotte.

Passes its second and third readings and is ordered enrolled.

S. B. 222, a bill to clarify General Statutes 20-28.1 relating to revocation
of driving privileges of persons who drive while licenses are revoked or
suspended.

Senator Burney offers an amendment which is adopted.

Senator McGeachy offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 237, a bill to provide for a period of probation when a new driver's
license is issued under the provisions of General Statutes 20-19(e).

Senator Gurganus offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 152, a bill to amend General Statutes 24-8, which permits an 8f/c
interest rate, so as to include foreign or domestic real estate investment
trusts.

Passes its second and third readings and is ordered enrolled.

H. B. 155, a bill to amend the General Statutes with regard to physicians
qualified to treat workmen's compensation claimants in North Carolina.

Upon motion of Senator Staton, the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

H. B. 158, a bill to amend General Statutes 20-116(d) pertaining to the
size of vehicles and extending the length of certain trucks.

Passes its second and third readings and is ordered enrolled.

Senate Committee substitute for H. B. 174, a bill to amend General
Statutes 163-30 and General Statutes 163-31 regarding the oath of office
and the time of the meeting of county boards of elections.

Upon motion of Senator Norton, consideration of the bill is postponed
until Tuesday, March 25, 1969.

H. B. 188, a bill to amend North Carolina General Statutes 116-45(5)
denning the primary purpose of Elizabeth City State College, Fayetteville
State College, and Winston-Salem State College.

Passes its second and third readings and is ordered enrolled.

1969] SENATE JOURNAL 207

H. B. 193, a bill to amend North Carolina General Statutes 116-45(2)
denning the primary purpose of Pembroke State College.

Passes its second and third readings and is ordered enrolled.

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance.

Upon motion of Senator Moore, consideration of the bill is postponed
until Tuesday, March 25, 1969.

H. B. 310, a bill to amend Section 160-25 of the General Statutes of
North Carolina.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator Nielson, the Senate adjourns to meet tomorrow
at 12 M.

SIXTIETH DAY

Senate Chamber,
Tuesday, March 25, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senators Bailey and Coggins, the courtesies of the
galleries are extended to the students of the eleventh grade of Cardinal
Gibbons High School, Raleigh, and to their teacher, Sister Barbara.

Upon motion of Senator Staton, the courtesies of the galleries are ex-
tended to twenty-one students of Angier High School, Angier, and to their
teacher, Mr. Richard Hunsucker.

Upon motion of Senators Bowles, Edwards and Murrow, the courtesies
of the galleries are extended to Boy Scout Troop No. 506 of Asheboro and
their leaders, Mr. R. W. Wood, Mr. James Patterson and Mr. Gilbert
Brinson.

Upon motion of Senator Dent, the President extends the courtesies of the
galleries to Mrs. Jack H. White, the wife of Senator White of Cleveland
County.

Upon motion of Senator Allen, the courtesies of the galleries are ex-
tended to a group of students from Phillips Junior High School of Chapel
Hill.

Upon motion of Senator Harrington, the Chowan College Traveling Choir
is invited to sing for the Senate. The President appoints Senator Harring-
ton to escort the Choir to the well of the Senate, where they sing two
selections under the direction of Professor James Chamblee, Choir Director.

208 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. B. 176, an act to repeal Chapter 1113 of the 1967 Session Laws pro-
viding for the non-partisan election of the Henderson County Board of
Education and the extension of the terms of office of the members of the
Henderson County Board of Education so as to provide for the non-partisan
election of the entire membership of the Henderson County Board of Edu-
cation at the 1970 regular general county election.

H. B. 244, an act to establish a supplementary pension fund for firemen
in the town of North Wilkesboro.

H. B. 254, an act to close temporarily the bear season in a portion of
Gates County.

H. B. 264, an act to authorize a referendum in the town of Aberdeen on
alcoholic beverage control stores and the sale of beer and wine.

H. B. 266, an act to authorize the Vance County Board of Education to
convey certain surplus school property to the county of Vance.

H. B. 287, an act to eliminate the requirement that not more than two
members of the Orange County Board of Education may reside in any one
township of the county.

H. B. 314, an act to amend General Statutes 147-69.1 relating to the
investment of surplus funds of the State.

S. J. R. 227, a joint resolution honoring Dr. John Caldwell.

S. B. 130, an act to provide for expansion of services of the North
Carolina Capital Building Authority.

S. B. 154, an act to amend Chapter 21 of the Session Laws of 1961 re-
lating to the rules and regulations for municipal elections of the city of
Gastonia.

H. B. 13, an act to amend General Statutes 116-46.3 relating to participa-
tion in sixth-year program of graduate instruction for superintendents,
assistant superintendents and principals of public schools.

H. B. 63, an act to amend Chapter 199, Session Laws of 1965, to allocate
the profits earned by the city of Rockingham Board of Alcoholic Control
and to provide for the appointment of members to the board.

H. B. 132, an act to extend the corporate existence of Confederate
Woman's Home.

H. B. 135, an act to repeal General Statutes 15-162.1, relating to a plea
of guilty in first degree murder, first degree burglary, arson and rape.

H. B. 147, an act to amend General Statutes 18-45(8) to authorize ABC
Boards to sell at public auction real and personal property.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

1969] SENATE JOURNAL 209

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 144, a bill amending Article IV of Chapter 84 of the General
Statutes so as to permit District Bar Associations to assess and collect
annual membership fees for the promotion and maintenance of its adminis-
tration, activities and programs, with a favorable report, as amended.

H. B. 335, a bill to amend the Charter of the city of Greensboro, the same
being Chapter 37, Private Laws of 1923, as amended, and particularly as
revised and reorganized by Chapter 1137, Session Laws of 1959, as amended,
with a favorable report, as amended.

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce:

S. B. 171, a bill to amend General Statutes 95-86 so as to increase the
persons and occupations covered by the Minimum Wage Act, with a favor-
able report, as amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Larkins, Allsbrook, Moore, Robinson, V. White of Pitt, John-
son, Folger, Henley, Burney, Allen, Norton, Maxwell, Gurganus and Kirby:
S. B. 285, a bill to establish the North Carolina Foundation on Alcoholic
Rehabilitation.

Referred to Committee on Mental Health.

By Senators Larkins, Allsbrook, Moore, Robinson, V. White of Pitt,
Folger, Henley, Burney, Allen, Kirby, Maxwell, Johnson and Gurganus:
S. B. 286, a bill to amend General Statutes 18-39(3) so as to provide funds
for the North Carolina Foundation on Alcoholic Rehabilitation.

Referred to Committee on Mental Health.

By Senator Bailey: S. B. 287, a bill to amend General Statutes 105-141 (b)
to exempt from taxation retirement benefits received by certain retired
federal employees.

Referred to Committee on Finance.

By Senator Allen: S. B. 288, a bill to make an appropriation to the State
Board of Education for the purpose of establishing and financing a technical
institute extension unit in Person County.

Referred to Committee on Appropriations.

By Senator MacLean: S. B. 289, a bill to provide an election or referendum
for a certain area in Robeson County on the question of whether or not it
shall be annexed to the Lumberton City Administrative Unit and be subject
to the school taxes levied in the Lumberton City Administrative Unit if
so annexed.

Referred to Committee on Local Government.

By Senator Robinson: S. J. R. 290, a joint resolution congratulating and
commending the coach and players of the Whiteville High School's basket-
ball team for their performance and sportmanship in winning the State 2A
Conference Basketball Championship.

210 SENATE JOURNAL [Session

Upon motion of Senator Robinson the rules are suspended and the bill
is placed on its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 125, a bill to change the time of meeting of the General Assembly
after the election of a governor to the second Wednesday in February, for
concurrence in House amendment.

Senator Ellis moves that the Senate do not concur in the House amend-
ment.

The motion prevails, and a conference is requested, and a Conference
Committee consisting of three members of the Senate will be appointed.

H. B. 71, a bill to amend General Statutes 20-216 concerning passing of
horses and other draft animals.

Referred to Committee on Highway Safety.

H. B. 282, a bill to eliminate the requirement that not less than two
members of the Board of Education of the Asheboro City Administrative
Unit reside in territory outside the city of Asheboro.

Referred to Committee on Local Government.

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for
numbered seats in the Forty-First District of the House of Representatives.

Referred to Committee on State Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 206, a bill to revise and consolidate the charter of the city of
Wilson and to repeal prior Charter Acts, upon third reading.

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Burney, Coggins, Dent, Edwards,
Ellis, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James,
Johnson, Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore,
Murrow, Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson,
Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L. Warren of Wayne,
West, J. White of Cleveland, V. White of Pitt, Wilkie, Wood— 48.

The bill is ordered enrolled.

1969] SENATE JOURNAL 211

The bill passes its third reading by roll call vote, ayes 48, noes 0, as
follows:

The bill is ordered enrolled.

H. B. 232, a bill to provide a supplemental retirement fund for firemen
in the city of Wilson and to modify the application of General Statutes
118-5, 118-6 and 118-7 to the city of Wilson.

Passes its second and third readings and is ordered enrolled.

S. B. 173, a bill to amend the Workmen's Compensation Act, regarding
benefits, upon third reading.

Passes its third reading and is ordered sent to the House of Representa-
tives.

S. B. 53, a bill to permit a referendum in municipalities concerning the
sale of alcoholic beverages.

Upon the passage of the bill on its second reading, Senator Joyner calls
for the "ayes" and "noes".

The call is not sustained.

The bill, as amended, passes its second reading.

Upon objection of Senator Coggins to its third reading, the bill remains
upon the Calendar.

S. B. 160, a bill to fix the compensation and provide for certain legislative
expenses of Members of the General Assembly.

Senator L. Warren of Wayne offers an amendment which is withdrawn.

The bill passes its second reading.

Upon objection of Senator L. Warren of Wayne to its third reading, the
bill remains upon the Calendar.

S. B. 191, a bill enabling municipalities to finance redevelopment pro-
grams on an annual basis.

Senator McGeachy offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

Committee Substitute for S. B. 218, a bill to require motor vehicles to
be equipped with safe tires.

Passes its second reading.

Upon objection of Senator Gurganus to its third reading, the bill remains
upon the Calendar.

Senate Committee Substitute for H. B. 174, a bill to amend General
Statutes 163-30 and General Statutes 163-31 regarding the oath of office
and the time of the meeting of county boards of elections.

212 SENATE JOURNAL [Session

Upon motion of Senator Boger consideration of the bill is postponed until
Wednesday, March 26, 1969.

H. B. 263, a bill to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance.

Senator Moore offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

Upon motion of Senator J. White of Cleveland, the Senate adjourns to
meet tomorrow at 12 M.

SIXTY-FIRST DAY

Senate Chamber,
Wednesday, March 26, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Robert N. Nation, Pastor of the First
Baptist Church of Jacksonville.

Upon motion of Senator Rauch, the courtesies of the floor are extended
to former Senator Miles Rhyne of Gaston County.

The President grants leave of absence to Senator L. Warren of Wayne
for today, and to Senators Moore and Henley for tomorrow, March 27,
1969.

The President appoints Senators Bailey, Boger and Ellis as conferees to
consider the differences arising on S. B. 125, a bill to change the meeting
of the General Assembly after the election of a governor to the second
Wednesday in February, and a message is ordered sent to the House of
Representatives informing that Body of such action.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces certain administrative changes in the Senate Rules
adopted by the Committee, as follows:

Administrative Regulation No. 3: All amendments must first contain the
page and line number to be amended, in that order, with the substance
of the amendment following.

Administrative Regulation No. 4: Permission must first be obtained from
the Principal Clerk for the use of Senate Committee Rooms, except for the
regularly scheduled committee meetings as set forth on pages 71-73 of the
Senate Rules Book. Upon assignment, the Principal Clerk will then notify
the Senator, or Senators, whose offices adjoin the assigned committee room.

COMMITTEE APPOINTMENT

The President announces the following addition to Committee Appoint-
ments: Committee on Constitution, Senator Larkins.

1969] SENATE JOURNAL 213

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. J. R. 418, a joint resolution honoring Robert 0. Huffman.

S. B. 169, an act to extend the corporate limits of the city of Jacksonville
so as to include the area on which the city's waste stabilization lagoon is
located.

H. B. 152, an act to amend General Statutes 24-8, which permits an 8%
interest rate, so as to include foreign or domestic real estate investment
trusts.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Currie, for the Committee on Alcoholic Beverage Control:

S. B. 228, a bill to amend Chapter 196, Session Laws of 1967, to authorize
the appointment of ABC officers in the town of Mt. Pleasant, and to specify
their jurisdiction, with a favorable report.

S. B. 229, a bill to amend Chapter 195, Session Laws of 1967, to authorize
the appointment of ABC officers in the city of Concord and to specify their
jurisdiction, with a favorable report.

By Senator Wood, for the Committee on Highway Safety:

S. B. 214, a bill to amend General Statutes 20-183. 2(c) concerning safety
equipment inspections of motor vehicles sold at retail, with a favorable
report.

S. B. 265, a bill to amend General Statutes 20-129(d) concerning rear
lamps on small trailers, with a favorable report.

S. B. 274, a bill to amend General Statutes 20-129.1(4), (5), and (6)
concerning required lights on small trailers, with a favorable report.

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license, with a favorable report.

By Senator McGeachy, for the Committee on Rules and Operation of the
Senate:

S. J. R. 271, a joint resolution relative to a correction in Senate Joint
Resolution 1 of the 1969 General Assembly, with a favorable report.

By Senator Norton, for the Committee on Election Laws:

H. B. 269, a bill relating to the election of the board of county com-
missioners of Currituck County, with a favorable report.

214 SENATE JOURNAL [Session

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Bailey, Coggins and Flaherty: S. B. 291, a bill to appropriate
sufficient funds to provide a 10% salary increase for State employees for
the fiscal year 1969-1970, and an additional 10% salary increase for the
fiscal year 1970-71.

Referred to Committee on Appropriations.

By Senator Kirby: S. B. 292, a bill to amend Article 6A of Chapter 153
of the General Statutes relating to the salaries of appointive and elective
county officials and employees so as to make it applicable to Wilson
County.

Referred to Committee on Local Government.

By Senator Burney: S. B. 293, a bill amending Article I of Chapter 113
of the General Statutes relating to the Board of Conservation and Develop-
ment and the Director thereof.

Referred to Committee on Conservation and Development.

By Senator Edwards: S. B. 294, a bill to rewrite Article II, Section 27
of the North Carolina Constitution to provide that Senators shall be elected
for terms of four years.

Referred to Committee on Constitution.

By Senator McGeachy: S. J. R. 295, a joint resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:20 p.m., March 27, 1969.

Upon motion of Senator McGeachy, the rules are suspended and the
resolution is placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives, by special messenger.

By Senator Flaherty: S. B. 296, a bill to require all new house trailers
exceeding thirty-two feet in length and used as residences within the
State to have at least two doors.

Referred to Committee on Manufacturing, Labor and Commerce.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 132, a bill rewriting General Statutes 106-245.16 relating to the
North Carolina Egg Law, for concurrence in the House amendment.

Upon motion of Senator MacLean, the Senate concurs in the House
amendment and the bill is ordered enrolled.

H. B. 309, a bill to amend General Statutes 163-151 relating to single
shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable
to Hoke County.

Referred to Committee on Election Laws.

1969] SENATE JOURNAL 215

H. B. 381, a bill to provide for the removal of unauthorized motor
vehicles from private parking lots in Wake and Robeson Counties.

Referred to Committee on Judiciary No. 2.

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the
Wake County Board of Education for the unexpired term of Harry E.
Stewart.

Referred to Committee on Education.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 335, a bill to amend the charter of the city of Greensboro, the
same being Chapter 37, Private Laws of 1923, as amended, and particularly
as revised and reorganized by Chapter 1137, Session Laws of 1959, as
amended.

Upon motion of Senator Edwards, the amendment offered by the Com-
mittee is adopted.

Passes its second and third readings, as amended, and is ordered sent to
the House of Representatives for concurrence in the Senate amendment.

S. B. 144, a bill amending Article IV of Chapter 84 of the General
Statutes so as to permit district bar associations to assess and collect
annual membership fees for the promotion and maintenance of its ad-
ministration, activities and programs, upon second reading.

Upon motion of Senator Ellis the amendment offered by the Committee
is adopted.

The bill, as amended, passes its second reading by roll call vote, ayes 42,
noes 3, as follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Bowles, Briggs, Bryan, Coggins, Currie, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley,
Johnson, Joyner, Larkins, MacLean, McGeachy, Moore, Murrow, Nielson,
Norton, Patterson, Poovey, Reed, Robinson, Sapp, Saunders, Staton, S.
Warren of Sampson, West, J. White of Cleveland, V. White of Pitt, Wilkie,
Wood— 42.

Those voting in the negative are: Senators Kirby, Penn, Rauch — 3.

Senator James votes "present".

S. B. 53, a bill to permit a referendum in municipalities concerning the
sale of alcoholic beverages, upon third reading.

Senator J. White of Cleveland offers an amendment which is adopted.

Senator Poovey offers an amendment which fails of adoption.

Upon the passage of the bill upon its third reading Senator Coggins calls
for the "ayes" and "noes".

The call is sustained.

Senator Joyner offers an amendment which fails of adoption.

Senator Joyner offers a second amendment which fails of adoption.

The bill, as amended, passes its third reading by roll call vote, ayes 33,
noes 15, as follows:

216 SENATE JOURNAL [Session

Those voting in the affirmative are: Senators Allen, Bagnal, Boger,
Bowles, Bryan, Burney, Currie, Dent, Edwards, Ellis, Evans, Folger,
Gurganus, Harrington, Henley, James, Larkins, Maxwell, McGeachy, Moore,
Nielson, Patterson, Penn, Reed, Robinson, Sapp, Saunders, Scott, Staton,
S. Warren of Sampson, J. White of Cleveland, V. White of Pitt, Wood— 33.

Those voting in the negative are: Senators Allsbrook, Bailey, Briggs,
Coggins, Flaherty, Griffin, Johnson, Joyner, Kirby, MacLean, Murrow,
Poovey, Rauch, West,. Wilkie — 15.

The bill is ordered engrossed and sent to the House of Representatives.

S. B. 160, a bill to fix the compensation and provide for certain legislative
expenses of members of the General Assembly, upon third reading.

Senator Moore offers an amendment which is adopted.

The bill, as amended, passes its third reading and is ordered engrossed
and sent to the House of Representatives.

Committee Substitute for S. B. 218, a bill to require motor vehicles to
be equipped with safe tires.

Upon motion of Senator Griffin, the bill is re-referred to the Committee
on Highway Safety.

Senate Committee Substitute for H. B. 174, a bill to amend General
Statutes 163-30 and General Statutes 163-31 regarding the oath of office
and the time of the meeting of county boards of elections.

Senator Boger offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate Sub-
stitute bill, as amended.

S. B. 171, a bill to amend General Statutes 95-86 so as to increase the
persons and occupations covered by the Minimum Wage Act.

Senator Murrow offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES

The following messages are received from the House of Representatives:

House of Representatives,
March 26, 1969.

Mr. President :

It is ordered that a message be sent your Honorable Body with the in-
formation that pursuant to S. J. R. 295, "a joint resolution inviting His
Excellency, the Governor, to address a joint session of the Senate and House
of Representatives at 12:30 p.m., March 27, 1969," the Speaker has ap-
pointed on the part of the House of Representatives to serve with a like
Committee of the Senate Representatives Lilley, Bostian, and DeBruhl.

Respectfully,

Jo Ann Smith, Principal Clerk

1969] SENATE JOURNAL 217

House of Representatives,
March 26, 1969.

Mr. President :

Pursuant to your information that your Honorable Body failed to concur
in House Amendment to Senate Bill No. 125, "a bill to be entitled an act to
change the time of meeting of the General Assembly after the election of
a governor to the second Wednesday in February", to this end the Speaker
has appointed as conferees on the part of the House, Representatives
Gentry, Barbee, Ragsdale and Strickland, to act with a like committee on
the part of the Senate to the end that the differences existing between
the two bodies may be adjusted.

Respectfully,

Jo Ann Smith, Principal Clerk

APPOINTMENT

The President appoints as a committee to greet and escort the Governor
to the Joint Session tomorow, March 27, 1969, in the Hall of the House,
Senators Ellis and MacLean.

Upon motion of Senator Gurganus, the Senate adjourns to meet tomorrow
at 12 M.

SIXTY-SECOND DAY

Senate Chamber,
Thursday, March 27, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator Sapp, the President extends the courtesies of
the galleries to Mrs. George R. Uzzell and to Mr. Harry Uzzell, the widow
and brother of former Representative Uzzell of Rowan County.

Upon motion of Senators Evans, Maxwell and Moore, the President ex-
tends the courtesies of the galleries to fifty-eight pupils of the Eastway
Junior High School in Mecklenburg County, and to their teacher, Mrs.
Corrine Robertson, and principal, Mr. Robert C. Miller.

Upon motion of Senator Penn, the President extends the courtesies of
the galleries to Mr. Augustine U. Obozuwa of Benin, Nigeria, a graduate
law student studying under a Rotary fellowship at Duke University.

The President grants leave of absence to Senators Gurganus and West
for tomorrow, March 28, 1969.

218 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

S. J. R. 290, a joint resolution congratulating and commending the coach
and players of the Whiteville High School's basketball team for their
performance and sportsmanship in winning the State 2A Conference Basket-
ball Championship.

H. B. 158, an act to amend General Statutes 20-116(d) pertaining to the
size of vehicles and extending the length of certain trucks.

H. B. 169, an act relating to hunting from public roads in Duplin and
Pender Counties.

H. B. 188, an act to amend North Carolina General Statutes 116-45(5)
defining the primary purpose of Elizabeth City State College, Fayetteville
State College, and Winston-Salem State College.

H. B. 193, an act to amend North Carolina General Statutes 116-45(2)
defining the primary purpose of Pembroke State College.

H. B. 283, an act to amend the act relating to the authority of the
Charlotte Firemen's Retirement System to invest in stock.

H. B. 284, an act to amend the charter of the city of Charlotte.

H. B. 310, an act to amend Section 160-25 of the General Statutes of
North Carolina.

H. B. 155, an act to amend the General Statutes with regard to physicians
qualified to treat Workmen's Compensation Claimants in North Carolina.

H. B. 206, an act to revise and consolidate the charter of the city of
Wilson and to repeal prior charter acts.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following message is received from the House of Representatives:

House of Representatives,
Thursday, March 27, 1969.

Mr. President:

It is ordered that a message be sent your Honorable Body with the in-
formation that pursuant to S. J. R. 295, "a joint resolution inviting His
Excellency, the Governor, to address a Joint Session of the Senate and
House of Representatives at 12:30 P.M., March 27, 1969," the House of
Representatives stands ready to receive the Senate in Joint Session at the
hour appointed.

Respectfully,

Jo Ann Smith, Principal Clerk

Upon motion of Senator McGeachy, the Senate recesses to meet in Joint
Session with the House of Representatives for the purpose of hearing the
Governor's message, and upon dissolution the Senate will return to its
chamber and resume consideration of business.

1969] SENATE JOURNAL 219

JOINT SESSION

The Senate is received by the members of the House of Representatives
standing, and the Joint Session is called to order by Lieutenant Governor
H. Patrick Taylor, Jr.

Lieutenant Governor Taylor presents His Excellency, Governor Robert W.
Scott, who delivers the following message:

Mr. President, Mr. Speaker, members of the General Assembly of North
Carolina :

I appreciate the privilege you have given me to come before you again
during this session. I am aware of the demands made upon your time,
especially now that you are deeply involved in discussing the issues that
are before you.

But I ask for some of your time today in order that I might present for
your consideration a new program for North Carolina.

In my legislative message to you on January 22, I stated that I would
ask your support in developing programs that will build a partnership
between our state government and our local communities.

There has been much concern expressed in recent months over the need
to strengthen local governments. These expressions have come from local
government officials, community leaders and the general public. Part of this
concern stems from the growing awareness that unless action is taken, local
governments — those closest to the people — will become largely ineffective.
Indeed, many are finding it increasingly difficult to cope with the pressing
problems of a modern society.

Since our counties, cities and towns are created by the State, I feel the
State has an obligation to provide them with technical know-how, planning
assistance, and other services to enable them to cope with twentieth
century problems and to plan for the twenty-first century.

To aid in this essential effort, I ask this General Assembly to establish
a new department of state government to be known as the Department of
Local Affairs.

This department will be used primarily for the purpose of aiding and
assisting local governments to meet local needs, both immediate and long
range. It will be a service agency, staffed with competent individuals who
have the expertise in such areas as community planning, economic develop-
ment, recreational planning, housing, land use and development and other
vital areas.

I intend for this new department to work in close cooperation with all
local governments. Equal attention will be given to counties and munici-
palities. It will make no difference whether the local government is large
or small in terms of population, economic wealth or geography. The services
of this department will be available to all.

To assure this close cooperation I ask that an Advisory Council on Local
Affairs be established to work with the Director and the Department. At
least six members of this eighteen member council will, at the time of
their appointment or within the preceding two years, have served as a
mayor, a member of a municipal governing board or as a county com-
missioner.

220 SENATE JOURNAL [Session

There will be advisory committees on recreation, law and justice, and
other areas of work by this department. In short, the department will be
so organized as to assure local governments a strong voice in its policies
and programs.

Mr. President, Mr. Speaker, I consider the establishing of this depart-
ment to be a key element in the determined efforts of this administration
to form a true partnership with local governments. In addition to our
100 county governments, there are over 425 incorporated municipalities.
There are also many unincorporated communities ranging all the way from
a few families around a rural crossroads to the community of Kannapolis.
Many have formed themselves into sanitary districts or water districts.

Most of these counties, municipalities and unincorporated population
centers do not have the manpower, the finances or the technical knowledge
to adequately deal with the modern-day problems suddenly thrust upon
them. Many are not able to take advantage of — indeed some do not have
knowledge of — federal and state assistance programs available to them.
Yet their problems increase and their needs mount.

Much has been said about the needs of our local governments and what
can be done to assist them. My administration is committed to providing
this type of assistance. I am convinced our people want it. I ask you to
join with me in making it possible by establishing the Department of Local
Affairs, a major new department of our state government.

Another essential step in our effort to strengthen local governments in
this State is the matter of constitutional reform.

I am pleased that the Local Government Study Commission has placed
such reform at the top of its list of many worthy recommendations. I
concur in that priority, for the bedrock of democratic government is its
constitution.

The language of 1868 has served well. Its basic conservative philosophy
should be retained. State supervision of local fiscal affairs is sound and
should be continued.

But we must not forever cling blindly to the past when facing the
problems, challenges and opportunities of the future. The language of
1868, written in the context of the past century, must be updated and
modernized.

Those constitutional provisions which limit the power of the General
Assembly to legislate for the 1970's and beyond must be revised. Barriers
to effective change in form and structure of local government must be
removed.

My program for local government is in reality a program of better
services for all the people of our State. Its aim is to provide a sound and
wholesome balance of urban and rural life.

With these principles in mind, I urge your careful and studied con-
sideration of constitutional reform for local government.

OTHER INTERNAL REORGANIZATION

In order for our state government to operate more efficiently in the
coming years and fulfill its obligation to be more responsive to the needs

1969] SENATE JOURNAL 221

of our people, I am recommending that there be a reorganization of certain
policy making boards and agencies of our state administration.

Already you have before you a bill that would reorganize the Board of
Conservation and Development along the lines recommended by the Study
Commission established by the 1967 General Assembly. I urge the enact-
ment of this bill for I believe it will give a better balance to the mission
of the Department in broad areas of development, conservation and tourism.

Soon to be introduced for your consideration will be a bill to provide for
additional highway commissioners. The enactment of that legislation will
enable the highway commission to be in closer touch with the people. It
will enable the commission to give closer and more immediate attention to
the road needs of our counties. I ask you to adopt this proposal.

Article 36 of Chapter 143 of our General Statutes, enacted by the 1957
General Assembly, provided for a Department of Administration. This
department has served well and it is essential to the effective operation
of our state government.

This department really serves as an extension of the Governor's office.
Within it are located six divisions: Budget, Property Control, Purchase and
Contract, General Services, State Planning Task Force and Data Processing.
Two of these, Budget and Purchase and Contract, are required by statute
to be in this department. Others are authorized but not required. With
the exception of the Budget and Purchase and Contract Divisions, the
Director, with the approval of the Governor, may add divisions, abolish
divisions and otherwise reorganize the department "necessary or convenient
for the efficient performance of the duties and functions of the department."

I am convinced that the department needs to be reorganized for more
efficiency. Present authority exists to do this, but some additional funds
will be needed to make such reoganization effective.

As you know, in recent years there has been a tremendous increase in
the number of new Federal programs. Many of these directly concern
North Carolina. I feel that our State is not fully utilizing some of the
programs that can be helpful to us and that we are not aggressive enough
in getting some of our Federal tax dollars back into North Carolina. Further,
these Federal programs have grown both in number and in scope to the
extent it deserves our full-time attention.

Therefore, I am asking that $36,500 be provided to establish within the
Department of Administration an Office of State-Federal Relations. This
office will be responsible for State-Federal liaison on behalf of the Executive
Branch of state government. This office will serve as a key point of contact
with Federal offices, agencies, and programs, and conduct the staff work
for the Governor and the Department of Administration.

The Division of Property Control and Construction needs to be reorganized
to more effectively handle the increased work load resulting from increased
numbers of state buildings and property, both existing and planned, under
its supervision. It is proposed that this division be renamed the Property
Management and Construction Division and that it be split up into three
sections: Architecture and Engineering, Real Property Management and
Control, and Legal. Salaries and support needed will be in the amount of
$108,000.

222 SENATE JOURNAL [Session

The State Planning Task Force was created during the Sanford ad-
ministration and strengthened during the Moore administration. The time
has now arrived where this division should be further strengthened by
additional inputs of personnel and expertise to adequately serve the State's
comprehensive long-range planning and development needs. This change is
needed to cope with the complex long-range planning problems of the new
century already rushing upon us.

The State Planning Task Force, therefore, will be reorganized into a
Division of State Planning and Development. It will have the responsibility
to coordinate existing state programs and organization of agency plans
for future programs and needs of the State.

The basic functions at this level are coordination and integration of line
agency planning, and providing the Executive and Legislative branches
of government information on state-wide goals, policies and means of
implementation.

The State Planning Task Force would be incorporated into this new
division and additional funds for support would amount to $112,000.

It is an objective of this administration to provide for our citizens as
efficient government as possible. To do this requires a constant review of
organization methods and procedures of all state agencies and to formulate
plans for needed improvements in organization.

Authority to accomplish this goal is already provided in General Statutes
143-341(5), but this program has never been implemented. It is needed.
Therefore, it is proposed that there be established a new division within
the Department of Administration to be known as the Administrative
Management Analysis Division. This division will provide staff assistance
to the Governor and the Advisory Budget Commission, two-thirds of whose
membership are members of the General Assembly. It will make studies
and in-depth analysis of budgets and organization, and will establish cost-
benefit ratios where applicable to state programs. Such findings will be
presented to the Advisory Budget Commission and to the Governor and
would be available to the General Assembly.

Funds to support this new division will amount to $108,000.

Other divisions of the Department of Administration, Budget, Purchase
and Contract, General Services, and Data Processing, would function as
they are now constituted.

The work of the Department has expanded considerably from its original
two divisions. Responsibilities of the Department have increased in number
and complexity. The work load on the Director has increased greatly in
the last twelve years. Therefore I am recommending that a position of
Deputy Director be established to assist the Director in the implementation
of these expanded programs and responsibility. The Deputy Director would
act in the absence of the Director. Salary and supporting expenditures for
this position, together with secretarial assistance would amount to $36,000
for the biennium.

Mr. President, Mr. Speaker, this message today, together with my two
previous appearances before you, embodies the essential elements of my
programs for progress for the people of our State.

There are three alternatives before us:

1969] SENATE JOURNAL 223

One is to do nothing about incerasing revenues. In this time of mounting
costs, enlarging needs of a growing State, and greater Federal challenges
in terms of matching money, to accept this alternative would cause us to
go backward.

The second alternative is to provide those revenues which would enable
us to merely remain where we are with no forward motion. This is not in
keeping with our philosophy or tradition as a State.

The third opportunity is the course of courage. To me it is the only
acceptable alternative.

I have been in office less than three months. But I am made more aware
each passing day that with the proper direction and leadership, North
Carolina can become outstanding in its capacity to make maximum use of
its potential.

During the past few weeks, I have had the opportunity to chat with you
at the breakfast table, in my office or at dinner at the Executive Mansion.
You have strengthened the conviction I already hold that you want to
serve your constituents conscientiously and that you are dedicated to your
responsibilities as elected members of a truly great deliberative body —
the General Assembly of North Carolina.

As you go about your tasks during the remaining weeks of this session,
I ask you to keep in mind one thought:

The programs I have presented to you are no monument to me as an
individual. There are no frills in what I am proposing — no luxuries.

What I have recommended, either in programs or revenue sources, is not
frivolous. It is not a question of what one man wants. It is a larger question
of what North Carolina needs.

No citizen of North Carolina will suffer unduly by supporting my pro-
gram. But thousands will benefit because you were willing to enact it.

The people of North Carolina elected me Governor to provide the needed
leadership during these four years. The program I present to you will
enable me to better fulfill that obligation.

It is my responsibility as Governor to present a program and the ways in
which it might be financed. This I have done.

You have the responsibility to evaluate both my proposals and the
means of financing. I am confident you will do so with the best interests
of all of North Carolina at heart.

Leadership — that is what I impress upon you today. That is what the
people want.

Let each of us in our respective positions of leadership be honest enough
and courageous enough to admit one thing:

To be influenced in our decisions by the cries of the faint hearted or the
vocal disgruntlement of leaders of special interest groups who resist the
necessary means of financing essential programs — this is indefensible
leadership and it betrays those we represent.

I implore every member of this General Assembly to rise to the challenge
we clearly face. Listen to the voice of reason and logic — not to emotion nor
special interests.

224 SENATE JOURNAL [Session

And let us ask Divine guidance that our conscience can distinguish
between the two.

Who will provide the leadership ? As your Governor, I will.

Who can get the job done ? Only you, the members of this General
Assembly.

Let us all have the courage to "Go Forward" again.

MESSAGES FROM THE GOVERNOR

The President submits the following messages from His Excellency, the
Governor, containing appointments to the State Board of Education, the
State Board of Higher Education and the boards of trustees of the various
State-supported colleges and institutions, as follows:

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Educa-
tion, which must be confirmed by the General Assembly in Joint Session,
in accordance with General Statutes 115-2:

Dr. Charles E. Jordan, Sr.
Durham, North Carolina
Term beginning July 31, 1967
Term expires April 1, 1975
George Douglas Aitken
Charlotte, North Carolina
Term beginning July 31, 1967
Term expires April 1, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the North Carolina
Board of Higher Education, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-156:

Mrs. Harry P. Horton
Pittsboro, North Carolina
Term beginning August 28, 1967

1969] SENATE JOURNAL 225

Term expiring June 30, 1973
Lindsay C. Warren, Jr.
Goldsboro, North Carolina
Term beginning August 28, 1967
Term expiring June 30, 1973
Dr. Isaac H. Miller, Jr.
Greensboro, North Carolina
Term beginning October 7, 1968
Term expiring June 30, 1973

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of Appalachian State University, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

Dr. Hugh P. Daniel, Jr.
P. O. Box 568

Waynesville, North Carolina
Term beginning August 3, 1967
Term expiring June 30, 1975
Lester P. Martin, Jr.
822 North Main Street
Mocksville, North Carolina
Term beginning August 3, 1967
Term expiring June 30, 1975
Dwight W. Quinn
Cannon Mills Company
Kannapolis, North Carolina
Term beginning August 3, 1967
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

226 SENATE JOURNAL [Session

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following apointments to the Board of Trustees
of Asheville-Biltmore College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

J. Gerald Cowan
Asheville, North Carolina
Term beginning July 25, 1967
Term expiring June 30, 1975
William M. Lehmkuhl
Asheville, North Carolina
Term beginning July 26, 1967
Term expiring June 30, 1975
Claude Ramsey, Jr.
Asheville, North Carolina
Term beginning July 25, 1967
Term expiring June 30, 1975
Philip C. Brownell
Asheville, North Carolina
Term beginning November 6, 1968
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen :

I transmit herewith the following appointments to the Board of Trustees
of North Carolina College at Durham, which must be confirmed by the
General Assembly in Joint Session, in accordance with General Statutes
116-46(l)d:

Dr. Paul Clyde
Durham, North Carolina
Term beginning August 21, 1967
Term expiring June 30, 1975
Clyde A. Shreve
Summerfield, North Carolina
Term beginning August 21, 1967

1969] SENATE JOURNAL 227

Term expiring June 30, 1975
Clarence Watkins
Reidsville, North Carolina
Term beginning August 21, 1967
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of the North Carolina Agricultural and Technical State University, which
must be confirmed by the General Assembly in Joint Session, in accordance
with General Statutes 116-46(1 )d:

Dr. Frontis W. Johnston

Davidson, North Carolina

Term beginning August 14, 1967

Term expiring June 30, 1975

Charles Wiley Phillips

Greensboro, North Carolina

Term beginning August 14, 1967

Term expiring June 30, 1975

John S. Stewart

Durham, North Carolina

Term beginning August 14, 1967

Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of East Carolina University, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

Charles H. Larkins, Sr.

Kinston, North Carolina

Term beginning August 9, 1967

228 SENATE JOURNAL [Session

Term expiring June 30, 1975
William W. Taylor, Jr.
Raleigh, North Carolina
Term beginning August 9, 1967
Term expiring June 30, 1975
James L. Whitfield
Raleigh, North Carolina
Term beginning August 9, 1967
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen :

I transmit herewith the following appointments to the Board of Trustees
of the Elizabeth City State College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

Dr. Clifford Jones
Elizabeth City, North Carolina
Term beginning October 10, 1967
Term expiring June 30, 1975
Herbert T. Mullen
South Mills, North Carolina
Term beginning October 10, 1967
Term expiring June 30, 1975
Maceo A. Sloan
Durham, North Carolina
Term beginning October 10, 1967
Term expiring June 30, 1975
Joseph J. Harrington
Lewiston, North Carolina
Term beginning October 10, 1967
Term expiring June 30, 1973
Dr. Kermit E. White
Elizabeth City, North Carolina
Term beginning October 10, 1967
Term expiring June 30, 1973

Respectfully submitted,
Robert W. Scott

1969] SENATE JOURNAL 229

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen :

I transmit herewith the following appointments to the Board of Trustees
of the Fayetteville State College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

C. J. Barber
Garner, North Carolina
Term beginning August 31, 1967
Term expiring June 30, 1975
Charles Dawkins
Fayetteville, North Carolina
Term beginning August 31, 1967
Term expiring June 30, 1975
Gurney E. Edgerton
Fayetteville, North Carolina
Term beginning August 31, 1967
Term expiring June 30, 1975
J. Wilbur Breece
Fayetteville, North Carolina
Term beginning November 7, 1968
Term expiring June 30, 1971

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of Pembroke State College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(1 )d:

B. O. Burns

Rowland, North Carolina
Term beginning August 17, 1967
Term expiring June 30, 1975
Roscoe Drake McMillan, Jr.
Red Springs, North Carolina
Term beginning August 17, 1967
Term expiring June 30, 1975

230 SENATE JOURNAL [Session

W. Earl Britt

Lumberton, North Carolina

Term beginning September 22, 1967

Term expiring June 30, 1971

Purnell Swett

Pembroke, North Carolina

Term beginning February 13, 1968

Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of Western Carolina University, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

Thomas Lane Mallonee
Candler, North Carolina
Term beginning August 8, 1967
Term expiring June 30, 1975
W. Harold Mitchell
Valdese, North Carolina
Term beginning August 8, 1967
Term expiring June 30, 1975
Edward Jordan Whitmire
Franklin, North Carolina
Term beginning August 8, 1967
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of Wilmington College, which must be confirmed by the General Assembly,
in Joint Session, in accordance with General Statutes 116-46(l)d:

William Horace Corbett

1969] SENATE JOURNAL 231

Wilmington, North Carolina
Term beginning August 7, 1967
Term expiring June 30, 1975
Addison Hewlett, Jr.
Wilmington, North Carolina
Term beginning August 7, 1967
Term expiring June 30, 1975
Jim Smith

Chinquapin, North Carolina
Term beginning August 7, 1967
Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

The Honorable H. P. Taylor, Jr.

President of the Senate

The Honorable Earl W. Vaughn

Speaker of the House

North Carolina General Assembly

Raleigh, North Carolina

Gentlemen:

I transmit herewith the following appointments to the Board of Trustees
of Winston-Salem State College, which must be confirmed by the General
Assembly in Joint Session, in accordance with General Statutes 116-46(l)d:

Sammie Chess, Jr.

High Point, North Carolina

Term beginning August 17, 1967

Term expiring June 30, 1975

Thomas Rice

Winston-Salem, North Carolina

Term beginning August 17, 1967

Term expiring June 30, 1975

J. Paul Wallace

Troy, North Carolina

Term beginning August 17, 1967

Term expiring June 30, 1975

Respectfully submitted,
Robert W. Scott

Upon motion of Senator McGeachy, the appointments contained in the
Governor's messages are confirmed for the places and terms indicated.

Upon motion of Senator McGeachy, the Joint Session is dissolved and the
Senate returns to its chamber.

reports of committees

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

232 SENATE JOURNAL [Session

By Senator Boger, for the Committee on Judiciary No. 2:

S. B. 266, a bill authorizing the commissioners of Caswell County to
execute warranty deeds, with a favorable report.

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing
therein a new definition of resident, with a favorable report.

H. B. 357, a bill amending General Statutes 14-107 relating to the issuance
of worthless checks and the punishment therefor so as to make certain
provisions thereof relating to punishment effective in Brunswick County,
with a favorable report.

H. B. 365, a bill to authorize the Board of County Commissioners of Nash
County to compensate Mrs. Joe Powell for injuries received while in the
service of Nash County, with a favorable report.

H. B. 381, a bill to provide for the removal of unauthorized motor vehicles
from private parking lots in Wake and Robeson Counties, with a favorable
report, as amended.

By Senator Evans, for the Committee on Education:

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the
Wake County Board of Education for the unexpired term of Harry E.
Stewart, with a favorable report.

H. B. 324, a bill to enlarge the membership of the county board of edu-
cation of Tyrrell County from three members to five members, with a
favorable report.

H. B. 376, a bill relating to the Fairmont City School Administrative
Unit in Robeson County, with a favorable report.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 161, a bill to amend Chapter 316 of the Session Laws of 1947, as
amended, relating to professional bondsmen in Robeson County, with a
favorable report.

S. B. 238, a bill to authorize the city of Lumberton to levy and collect
taxes within the areas of the city administrative unit which are outside
the corporate limits, with a favorable report.

S. B. 240, a bill to amend Chapters 160 and 97 of the General Statutes
to authorize municipalities to establish auxiliary police departments and to
provide workmen's compensation benefits to the members thereof, with a
favorable report.

S. B. 247, a bill relating to filling vacancies on boards of county com-
missioners, with a favorable report.

S. B. 248, a bill authorizing boards of county commissioners to fix a
date for their regular monthly meetings other than first Mondays, with a
favorable report, as amended.

S. B. 249, a bill relating to the clerk to the board of county commissioners,
with a favorable report.

S. B. 259, a bill to amend General Statutes 160-453.5 and General Statutes
160-453.17 relating to annexation by municipalities in Burke and Caldwell
Counties, with an unfavorable report.

1969] SENATE JOURNAL 233

S. B. 268, a bill to authorize the governing board of the city of Roxboro
to make street and sidewalk improvements and to specially assess the cost
thereof without a petition, with a favorable report.

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating
to the corporate limits of the town of Farmville, with a favorable report.

S. B. 279, a bill to provide for an election in the town of Farmville on the
question of amending the town charter to establish the office of town
manager, with a favorable report.

H. B. 50, a bill authorizing the board of county commissioners of the
several counties of the state to fix their compensation, with a favorable
report.

H. B. 52, a bill to allow the governing bodies of the several cities and
towns of the state to fix their own compensation, with a favorable report.

H. B. 237, a bill to authorize any county operating an ambulance service
to appoint an ambulance commission and delegate powers thereto, with a
favorable report.

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to
provide a one per cent (1%) discount upon certain ad valorem tax pre-
payments, with a favorable report.

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize
the board of commissioners of Cleveland County to prescribe regulations
relating to the listing of property for taxation in that county, and to
authorize the division or combining of townships for tax listing purposes,
with a favorable report.

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Stokes County, with a favorable report.

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County, with a
favorable report.

H. B. 312, a bill amending Chapter 146 of the Public Local Laws of
1941 so as to provide that the members of the Utilities Commission of the
city of Greenville may fix their salaries, subject to designated limits, with
a favorable report.

H. B. 325, a bill prohibiting the hunting of game animals with dogs
between March 1 and October 15 in Beaufort County, with a favorable
report.

Upon motion of Senator Gurganus, the bill is placed on the Calendar for
Tuesday, April 1, 1969.

H. B. 326, a bill to extend the territorial jurisdiction of the police de-
partment of the town of Manteo in Dare County, with a favorable report.

H. B. 346, a bill to amend General Statutes 153-10.1 relating to removal
and disposal of trash, garbage, etc., so as to make said Section applicable
to Rockingham County, with a favorable report.

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North
Carolina, 1961, being the charter of the town of Elon College relating to
the adoption of ordinances and resolutions, with a favorable report.

234 SENATE JOURNAL [Session

H. B. 362, a bill to amend the charter of Lincolnton to increase the
salary of the mayor and aldermen and to designate Lincolnton as the
"City of Lincolnton", with a favorable report.

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905
relating to the election of the mayor and commissioners of the town of
Coats in Harnett County, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Dent: S. B. 297, a bill to set the salary of the Buncombe
County Board of Commissioners.

Referred to Committee on Local Government.

By Senators Edwards, Bowles and Murrow: S. B. 298, a bill to amend
Chapter 385, Session Laws of 1949, as amended, relating to the schools of
the Greensboro City Administrative Unit and governing body thereof.

Referred to Committee on Education.

By Senator Penn: S. B. 299, a bill to require special reflective devices
to be displayed on the rear of slow-moving vehicles such as farm tractors
and implements of husbandry operated on highways between sunset and
sunrise.

Referred to Committee on Highway Safety.

By Senator Johnson: S. B. 300, a bill to provide for the nomination and
election of the members of the Board of Education of Johnston County.

Referred to Committee on Education.

By Senators Wood and Harrington: S. B. 301, a bill to amend General
Statutes 105-449 to provide an exemption from the State gasoline tax of
motor fuels used in non-profit, non-public school transportation.

Referred to Committee on Public Roads.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. J. R. 456, a joint resolution honoring the life and memory of George
Randolph Uzzell, former member of the General Assembly.

Upon motion of Senator Sapp the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

Referred to Committee on Judiciary No. 2.

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen.

Referred to Committee on Manufacturing, Labor and Commerce.

H. B. 190, a bill relating to funeral and burial trust funds.

1969] SENATE JOURNAL 235

Referred to Committee on Insurance.

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day
grace period for expired auto inspection certificates and to authorize
one way trip permits to allow uninspected vehicles to travel to nearby
inspection stations.

Referred to Committee on Public Roads.

H. B. 407, a bill to make General Statutes 63-38, relating to depredation
of domestic fowls, applicable in Wilkes County.

Referred to Committee on Wildlife.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 228, a bill to amend Chapter 196, Session Laws of 1967, to authorize
the appointment of ABC officers in the town of Mt. Pleasant, and to specify
their jurisdiction.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 229, a bill to amend Chapter 195, Session Laws of 1967, to authorize
the appointment of ABC officers in the city of Concord and to specify their
jurisdiction.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 269, a bill relating to the election of the board of county com-
missioners of Currituck County.

Passes its second and third readings and is ordered enrolled.

The bill, as amended, passes its third reading by roll call vote, ayes 34,
noes 4, as follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Boger,
Bowles, Bryan, Burney, Coggins, Currie, Edwards, Ellis, Evans, Folger,
Griffin, Gurganus, Harrington, James, Joyner, McGeachy, Nielson, Norton,
Patterson, Penn, Poovey, Reed, Robinson, Saunders, Scott, Staton, S.
Warren of Sampson, L. Warren of Wayne, West, V. White of Pitt, Wilkie,
Wood— 34.

Those voting in the negative are: Senators Johnson, Kirby, Larkins,
Rauch — 4.

The bill, as amended, is ordered engrossed and sent to the House of
Representatives.

S. B. 214, a bill to amend General Statutes 20-183. 2(c) concerning safety
equipment inspections of motor vehicles sold at retail.

Passes its second and third readings and is ordered sent to the House of
Representatives.

236 SENATE JOURNAL [Session

S. B. 265, a bill to amend General Statutes 20-129(d) concerning rear
lamps on small trailers.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. J. R. 271, a joint resolution relative to a correction in Senate Joint
Resolution 1 of the 1969 General Assembly.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 274, a bill to amend General Statutes 20-129.1(4), (5) and (6)
concerning required lights on small trailers.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

Upon motion of Senator Poovey consideration of the bill is postponed
until Thursday, April 3, 1969.

H. B. 49, a bill to authorize county boards of elections to conduct a new
registration of voters during the year 1969 pursuant to installing loose leaf
registration as required by General Statutes 163-65.

Upon motion of Senator Norton the Committee amendments are adopted.

Upon motion of Senator Allsbrook consideration of the bill is postponed
until Friday, March 28, 1969.

Upon motion of Senator Edwards, the Senate adjourns to meet tomorrow
at 10 o'clock.

SIXTY-THIRD DAY

Senate Chamber,
Friday, March 28, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senators Poovey and Joyner, the courtesies of the gal-
leries are extended to the Vocational Industrial Club of America of St.
Stephens High School, Hickory, and to their teacher, Mr. Emory Carpenter.

Upon motion of Senator Rauch, the President extends the courtesies of
the galleries to City Councilman T. Jeffers of Gastonia, and Mrs. Jeffers.

Upon motion of Senator Saunders, the President extends the courtesies
of the galleries to Mayor John L. Frye of Robbins, and to Mrs. Frye who
is Chairman of the Moore County Board of Education.

Upon motion of Senator Ellis, the President extends the courtesies of
the galleries to Mr. Glenn L. Hooper, Jr. of Jacksonville, who is the law

1969] SENATE JOURNAL 237

partner of Senator Ellis, and to Mrs. Hooper and their daughters, Lorraine
and Nancy, who are made honorary pagettes of the Senate.

The President grants leave of absence to Senator Boger for today, and
to Senators Patterson and Allsbrook for Monday, March 31, 1969.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

S. J. R. 295, a joint resolution inviting His Excellency, the Governor, to
address a Joint Session of the Senate and House of Representatives at
12:30 P.M., March 27, 1969.

H. B. 229, an act repealing Chapter 602 of the Session Laws of 1963
limiting the amount of school bonds which might be authorized for the
County of Cabarrus and fixing such limitation for said county within the
provisions of the County Finance Act.

H. B. 232, an act to provide a supplemental retirement fund for firemen
in the city of Wilson and to modify the application of General Statutes
118-5, General Statutes 118-6 and General Statutes 118-7 to the city of
Wilson.

S. B. 132, an act rewriting General Statutes 106-245.16 relating to the
North Carolina Egg Law.

H. B. 263, an act to prohibit the taking of wildlife at night with the aid
of an artificial light from or through the use of any conveyance.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Harrington, for the Committee on Public Roads:

S. J. R. 255, a joint resolution requesting the Department of Motor
Vehicles to change the numbering system currently employed in the
issuance of official automobile registration plates to members of the General
Assembly, with a favorable report.

S. J. R. 137, a joint resolution directing the Department of Motor
Vehicles to initiate, with the approval of the Governor, a system of semi-
permanent registration plates for motor vehicles in lieu of the annual plate
system now in effect, with a favorable report.

S. B. 267, a bill to amend the State Highway Bond Act of 1965, subject
to a vote of the people of the State, to remove the four per centum maximum
interest rate limitation with respect to State of North Carolina highway
bonds, with a favorable report.

Upon motion of Senator Harrington, the bill is re-referred to the
Committee on Finance.

S. B. 301, a bill to amend General Statutes 105-449 to provide an
exemption from the State gasoline tax of motor fuels used in non-profit,
non-public school transportation, with a favorable report.

238 SENATE JOURNAL [Session

Upon motion of Senator Harrington, the bill is placed upon the Calendar
for Tuesday, April 1, 1969.

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day
grace period for expired auto inspection certificates and to authorize one
way trip permits to allow uninspected vehicles to travel to nearby in-
spection stations, with a favorable report.

By Senator Scott, for the Committee on Finance:

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating
to income tax, so as to exclude from gross income certain local law en-
forcement officers' retirement benefits, with a favorable report.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 282, a bill providing for the determination of the tenure of office
for members of the city council of the city of Roanoke Rapids, with a
favorable report.

H. B. 282, a bill to eliminate the requirement that not less than two
members of the board of education of the Asheboro City Administrative
Unit reside in territory outside the city of Asheboro, with a favorable
report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senators Harrington, Maxwell, MacLean, Gurganus, Scott, Edwards,
V. White of Pitt, Saunders, Allsbrook, Reed, Penn, Henley, Robinson,
Wood, J. White of Cleveland, L. Warren of Wayne, Burney, McGeachy,
Moore, Larkins, Patterson, Ellis, Rauch, Folger and Norton: S. B. 302, a
bill to amend General Statutes 136-1 relating to the membership of the
State Highway Commission.

Referred to Committee on Public Roads.

By Senators Henley, Ellis, Burney, McGeachy, Moore, Penn, J. White of
Cleveland, Evans, Larkins, Scott, Maxwell, Harrington, Saunders, Allen,
Reed, Robinson, L. Warren of Wayne, Patterson, S. Warren of Sampson
and MacLean: S. B. 303, a bill with respect to State and regional planning.

Referred to Committee on State Government.

By Senators Henley, Moore, Saunders, Patterson, Evans, J. White of
Cleveland, Larkins, Scott, S. Warren of Sampson, Reed, Allen, Ellis, Rauch,
Burney, Maxwell, Harrington, Robinson, McGeachy, Penn, L. Warren of
Wayne and MacLean: S. B. 304, a bill to establish the North Carolina De-
partment of Local Affairs.

Referred to Committee on State Government.

By Senator Penn: S. B. 305, a bill to amend General Statutes 20-87(10)
to place vehicle mounted well drilling equipment equipped with water tanks
under the provision thereof.

Referred to Committee on Highway Safety.

By Senator Saunders: S. B. 306, a bill to amend Chapter 993, Session
Laws of 1949, to make more definite the outside boundaries of Pinehurst,
Moore County, North Carolina.

1969] SENATE JOURNAL 239

Referred to Committee on Local Government.

By Senators Edwards, Bowles and Murrow: S. B. 307, a bill to authorize
the Greensboro City Board of Education and the City of Greensboro to
enter into contracts whereby the Board of Education may furnish the city
certain services in connection with the city's recreation programs.

Referred to Committee on Local Government.

By Senator Scott: S. B. 308, a bill to add the president of the student
government on each campus of the University of North Carolina to the
Board of Trustees of the University of North Carolina as ex officio voting
members.

Referred to Committee on Higher Education.

By Senator Folger: S. B. 309, a bill to authorize the creation and
organization of a housing appeals board to which appeals may be taken
from the decision of the building inspector upon any provision of the
housing code of the town of Mount Airy in Surry County.

Referred to Committee on Local Government.

By Senator Burney: S. B. 310, a bill abolishing the North Carolina
Seashore Commission, transferring the Seashore Commission's duties to
the Department of Conservation and Development and for related purposes.

Referred to Committee on Conservation and Development.

By Senators Wood and Penn: S. B. 311, a bill to amend Chapter 146 of
the General Statutes of North Carolina to authorize the Department of
Administration to issue permits to riparian owners adjoining navigable
waters to dredge in navigable waters and to establish a schedule of charges
for spoil taken from navigable waters and State-owned lakes.

Referred to Committee on Conservation and Development.

By Senators Wood and Penn: S. B. 312, a bill to amend Chapter 146 of
the General Statutes of North Carolina to establish regulations to preserve
the natural beauty of navigable waters within the State.

Referred to Committee on Conservation and Development.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 116, a bill to amend the charter of the town of Liberty regarding
elections, for concurrence in the House amendment.

Upon motion of Senator Bowles, the Senate concurs in the House amend-
ment and the bill is ordered enrolled.

H. B. 299, a bill relating to hunting from public roads in Duplin County.

Referred to Committee on Wildlife.

H. B. 373, a bill to extend the jurisdiction of the Lincolnton ABC officer
or officers to Lincoln County.

Referred to Committee on Alcoholic Beverage Control.

240 SENATE JOURNAL [Session

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

S. B. 238, a bill to authorize the city of Lumberton to levy and collect
taxes within the areas of the city administrative unit which are outside
the corporate limits, upon second reading.

The bill passes its second reading by roll call vote, ayes 45, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,
Ellis, Evans, Flaherty, Folger, Griffin, Harrington, Henley, James, Johnson,
Joyner, Kirby, Larkins, MacLean, Maxwell, McGeachy, Moore, Nielson,
Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp, Saunders, Scott,
Staton, S. Warren of Sampson, L. Warren of Wayne, J. White of Cleveland,
V. White of Pitt, Wilkie, Wood— 45.

S. B. 268, a bill to authorize the governing board of the city of Roxboro
to make street and sidewalk improvements and to specially assess the cost
thereof without a petition, upon second reading.

The bill passes its second reading by roll call vote, ayes 45, noes 0, as
follows:

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating
to the corporate limits of the town of Farmville, upon second reading.

The bill passes its second reading by roll call vote, ayes 45, noes 0, as
follows:

S. B. 161, a bill to amend Chapter 316 of the Session Laws of 1947, as
amended, relating to professional bondsmen in Robeson County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 266, a bill authorizing the commissioners of Caswell County to
execute warranty deeds.

Passes its second and third readings and is ordered sent to the House of
Representatives.

1969] SENATE JOURNAL 241

S. B. 279, a bill to provide for an election in the town of Farmville on
the question of amending the town charter to establish the office of town
manager.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 238, a bill to amend Chapter 887 of the Session Laws of 1947 to
provide a one per cent (1%) discount upon certain ad valorem tax pre-
payments.

Passes its second and third readings and is ordered enrolled.

H. B. 260, a bill to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize
the Board of Commissioners of Cleveland County to prescribe regulations
relating to the listing of property for taxation in that county, and to
authorize the division or combining of townships for tax listing purposes.

Passes its second and third readings and is ordered enrolled.

H. B. 295, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Stokes County.

Passes its second and third readings and is ordered enrolled.

H. B. 311, a bill to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County.

Passes its second and third readings and is ordered enrolled.

H. B. 324, a bill to enlarge the membership of the county board of edu-
cation of Tyrrell County from three members to five members.

Passes its second and third readings and is ordered enrolled.

H. B. 326, a bill to extend the territorial jurisdiction of the police de-
partment of the town of Manteo in Dare County.

Passes its second and third readings and is ordered enrolled.

H. B. 346, a bill to amend General Statutes 153-10.1, relating to removal
and disposal of trash, garbage, etc., so as to make said section applicable
to Rockingham County.

Passes its second and third readings and is ordered enrolled.

H. B. 351, a bill to amend Chapter 324 of the Session Laws of North
Carolina, 1961, being the charter of the town of Elon College relating to
the adoption of ordinances and resolutions.

Passes its second and third readings and is ordered enrolled.

242 SENATE JOURNAL [Session

H. B. 362, a bill to amend the charter of Lincolnton to increase the salary
of the mayor and aldermen and to designate Lincolnton as the "City of
Lincolnton".

Passes its second and third readings and is ordered enrolled.

H. B. 365, a bill to authorize the board of county commissioners of Nash
County to compensate Mrs. Joe Powell for injuries received while in the
service of Nash County.

Passes its second and third readings and is ordered enrolled.

H. B. 368, a bill to amend Chapter 362 of the Private Laws of 1905
relating to the election of the mayor and commissioners of the town of
Coats in Harnett County.

Passes its second and third readings and is ordered enrolled.

H. B. 376, a bill relating to the Fairmont City School Administrative
Unit in Robeson County.

Passes its second and third readings and is ordered enrolled.

H. B. 381, a bill to provide for the removal of unauthorized motor vehicles
from private parking lots in Wake and Robeson Counties.

Upon motion of Senator Bailey, the amendment offered by the Com-
mittee is adopted.

Passes its second and third readings, as amended, and is ordered sent to
the House of Representatives for concurrence in the Senate amendment.

H. B. 406, a bill to continue Mrs. Sylvia G. Ruby as a member of the
Wake County Board of Education for the unexpired term of Harry E.
Stewart.

Passes its second and third readings and is ordered enrolled.

Upon motion of Senator McGeachy, consideration of the bill is postponed
until Monday, March 31, 1969.

S. B. 247, a bill relating to filling vacancies on boards of county com-
missioners.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 248, a bill authorizing boards of county commissioners to fix a date
for their regular monthly meetings other than first Mondays.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Tuesday, April 1, 1969.

S. B. 249, a bill relating to the clerk to the board of county com-
missioners.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 49, a bill to authorize county boards of elections to conduct a new
registration of voters during the year 1969 pursuant to installing loose-
leaf registration as required by General Statutes 163-65.

1969] SENATE JOURNAL 243

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in Senate amend-
ments.

H. B. 50, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Tuesday, April 1, 1969.

H. B. 52, a bill to allow the governing bodies of the several cities and
towns of the State to fix their own compensation.

Upon motion of Senator J. White of Cleveland, consideration of the bill
is postponed until Tuesday, April 1, 1969.

H. B. 237, a bill to authorize any county operating an ambulance service
to appoint an ambulance commission and delegate powers thereto.

Passes its second and third readings and is ordered enrolled.

H. B. 348, a bill to amend Chapter 20 of the General Statutes by placing
therein a new definition of resident.

Upon motion of Senator Ellis, the bill is recommitted to the Committee
on Judiciary No. 2.

Upon motion of Senator Coggins, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be con-
sidered, and adjournment will be until Monday evening at 8:00 o'clock.

SIXTY-FOURTH DAY

Senate Chamber,
Saturday, March 29, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair who calls the Senate to order and presides during the Session.

Prayer is offered by Senator Coggins.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

SIXTY-FIFTH DAY

Senate Chamber,
Monday, March 31, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

244 SENATE JOURNAL [Session

Prayer is offered by the Reverend Jerold D. Shetler, Pastor of St. Giles
Presbyterian Church, Raleigh.

The President extends the courtesies of the galleries to Mrs. Frank
Swett, President, and nine members of the Wake Forest Woman's Club,
Wake Forest.

The President grants leave of absence to Senators Larkins, Patterson,
Flaherty and West for tonight.

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. J. R. 456, a joint resolution honoring the life and memory of George
Randolph Uzzell, former member of the General Assembly.

H. B. 269, an act relating to the election of the Board of County Com-
missioners of Currituck County.

H. B. 335, an act to amend the charter of the city of Greensboro, the
same being Chapter 37, Private Laws of 1923, as amended, and particularly
as revised and reorganized by Chapter 1137, Session Laws of 1959, as
amended.

S. B. 173, an act to amend the Workmen's Compensation Act, regarding
benefits.

S. B. 213, an act to authorize a referendum in the town of Garland on
alcoholic beverage control stores.

S. B. 170, an act to authorize a referendum in the towns of Biscoe and
Mount Gilead on alcoholic beverage control stores.

S. B. 116, an act to amend the charter of the town of Liberty regarding
elections.

H. B. 237, an act to authorize "any county operating an ambulance service
to appoint an ambulance commission and delegate powers thereto.

H. B. 238, an act to amend Chapter 887 of the Session Laws of 1947 to
provide a one per cent (1%) discount upon certain ad valorem tax pre-
payments.

H. B. 260, an act to amend Sections 105-306(26); 105-308; 105-309 and
105-310 of the General Statutes of North Carolina in order to authorize
the Board of Commissioners of Cleveland County to prescribe regulations
relating to the listing of property for taxation in that county, and to
authorize the division or combining of townships for tax listing purposes.

H. B. 295, an act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Stokes County.

H. B. 311, an act to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County.

1969] SENATE JOURNAL 245

H. B. 312, an act amending Chapter 146 of the Public Local Laws of
1941 so as to provide that the members of the Utilities Commission of the
city of Greenville may fix their salaries, subject to designated limits.

H. B. 324, an act to enlarge the membership of the County Board of
Education of Tyrrell County from three members to five members.

H. B. 326, an act to extend the territorial jurisdiction of the police de-
partment of the town of Manteo in Dare County.

H. B. 346, an act to amend General Statutes 153-10.1, relating to removal
and disposal of trash, garbage, etc., so as to make said Section applicable
to Rockingham County.

H. B. 351, an act to amend Chapter 324 of the Session Laws of North
Carolina, 1961, being the charter of the town of Elon College relating to
the adoption of ordinances and resolutions.

H. B. 357, an act amending General Statutes 14-107 relating to the
issuance of worthless checks and the punishment therefor so as to make
certain provisions thereof relating to punishment effective in Brunswick
County.

H. B. 362, an act to amend the Charter of Lincolnton to increase the
salary of the mayor and aldermen and to designate Lincolnton as the "City
of Lincolnton".

H. B. 365, an act to authorize the Board of County Commissioners of
Nash County to compensate Mrs. Joe Powell for injuries received while in
the service of Nash County.

H. B. 368, an act to amend Chapter 362 of the Private Laws of 1905
relating to the election of the mayor and commissioners of the town of
Coats in Harnett County.

H. B. 376, an act relating to the Fairmont City School Administrative
Unit in Robeson County.

H. B. 406, an act to continue Mrs. Sylvia G. Ruby as a member of the
Wake County Board of Education for the unexpired term of Harry E.
Stewart.

S. B. 239, an act to provide procedures for election of Mayor and Board
of Commissioners of Franklinville.

S. B. 256, an act to amend the charter of the city of Roanoke Rapids
for the purpose of providing for the election of the mayor by the eligible
voters of the city, and increasing the time for the registration of voters
in said city elections.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Evans: S. B. 313, a bill to appropriate funds for the restora-
tion of the home of Hezekiah Alexander, known as "The Old Rock House".

Referred to Committee on Appropriations.

By Senator Kirby, by request: S. B. 314, a bill to increase the tax rates
upon the incomes of individuals and corporations.

Referred to Committee on Finance.

246 SENATE JOURNAL [Session

By Senators Dent, Bagnal, Briggs, Bryan, Flaherty, Murrow, Nielson,
Sapp, West, Joyner, Wilkie, Poovey and McGeachy: S. J. R. 315, a joint
resolution honoring the life and memory of the Honorable Dwight David
Eisenhower, former President of the United States.

Upon motion of Senator Dent the rules are suspended and the bill is
placed upon its immediate passage.

Passes its second and third readings and is ordered sent to the House of
Representatives by special messenger.

By Senator Ellis: S. B. 316, a bill to make certain appropriations to the
State Board of Education for the purpose of adding to the Onslow Technical
Institute a two-year curriculum of transferable college courses in Liberal
Arts and Sciences.

Referred to Committee on Appropriations.

By Senator Penn: S. B. 317, a bill to amend General Statutes 122-65.8
so as to clarify the intent of the original act in regard to the commitment
of chronic alcoholics by courts having jurisdiction over them to facilities
of the Department of Mental Health.

Referred to Committee on Judiciary No. 1.

By Senator Penn: S. B. 318, a bill to create an Advisory Council on
Alcoholism to the State Board of Mental Health.

Referred to Committee on Mental Health.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. J. R. 492, a joint resolution in commemoration of the life and passing
of Dwight David Eisenhower, soldier, president and revered citizen of
world history.

Upon motion of Senator McGeachy the rules are suspended and the bill
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

H. B. 141, a bill relating to right of appeal in drainage district hearings.

Referred to Committee on Judiciary No. 1.

H. B. 319, a bill to amend General Statutes 89-14 relating to land
surveyors so as to amend said Act as it pertains to Alleghany County.

Referred to Committee on Judiciary No. 2.

H. J. R. 467, a joint resolution congratulating and commending the Red
Springs High School's basketball team for their performance and sports-
manship in winning the State 1-A Conference Basketball Championship.

Upon motion of Senator MacLean the rules are suspended and the bill
is placed upon its immediate passage.

Passes its second and third readings and is ordered enrolled.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

1969] SENATE JOURNAL 247

S. B. 238, a bill to authorize the city of Lumberton to levy and collect
taxes within the areas of the city administrative unit which are outside
the corporate limits, upon third reading.

The bill passes its third reading by roll call vote, ayes 42, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Bagnal, Bailey,
Boger, Bowles, Briggs, Bryan, Currie, Edwards, Ellis, Evans, Folger, Griffin,
Gurganus, Harrington, Henley, James, Johnson, Joyner, Kirby, MacLean,
Maxwell, McGeachy, Moore, Murrow, Nielson, Norton, Penn, Poovey, Rauch,
Reed, Robinson, Sapp, Saunders, Scott, Staton, S. Warren of Sampson, L.
Warren of Wayne, J. White of Cleveland, V. White of Pitt, Wilkie, Wood—
42.

The bill is ordered sent to the House of Representatives.

S. B. 268, a bill to authorize the governing board of the city of Roxboro
to make street and sidewalk improvements and to specially assess the cost
thereof without a petition, upon third reading.

The bill passes its third reading by roll call vote, ayes 42, noes 0, as
follows:

The bill is ordered sent to the House of Representatives.

S. B. 278, a bill to amend Chapter 36 of Session Laws of 1965 relating
to the corporate limits of the town of Farmville, upon third reading.

The bill passes its third reading by roll call vote, "yes 42, noes 0, as
follows:

The bill is ordered sent to the House of Representatives.

S. B. 282, a bill providing for the determination of the tenure of office
for members of the city council of the city of Roanoke Rapids.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 282, a bill to eliminate the requirement that not less than two
members of the Board of Education of the Asheboro City Administrative
Unit reside in territory outside the city of Asheboro.

Passes its second and third readings and is ordered enrolled.

248 SENATE JOURNAL [Session

S. J. R. 137, a joint resolution directing the Department of Motor Vehicles
to initiate, with the approval of the Governor, a system of semi-permanent
registration plates for motor vehicles in lieu of the annual plate system
now in effect.

Upon motion of Senator Kirby consideration of the bill is postponed
until Wednesday, April 2, 1969.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. J. R. 255, a joint resolution requesting the Department of Motor
Vehicles to change the numbering system currently employed in the issuance
of official automobile registration plates to members of the General
Assembly.

Senator Rauch offers an amendment which is adopted.

Senator Burney offers an amendment which fails of adoption.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 30, a bill to amend Chapter 105 of the General Statutes, relating
to income tax, so as to exclude from gross income certain local law en-
forcement officers' retirement benefits.

The bill passes its second reading.

Upon objection of Senator Scott to its third reading, the bill remains
upon the Calendar.

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day
grace period for expired auto inspection certificates and to authorize one
way trip permits to allow uninspected vehicles to travel to nearby inspection
stations.

The bill passes its second reading.

Upon objection of Senator Bailey to its third reading, the bill remains
upon the Calendar.

Upon motion of Senator Maxwell, the Senate adjourns to meet tomorrow
at 12 M.

SIXTY-SIXTH DAY

Senate Chamber,
Tuesday, April 1, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Chaplain of the
Senate.

Senator Dent for the Committee on Rules and Operation of the Senate
announces that the Journal of yesterday has been examined and is found

1969] SENATE JOURNAL 249

to be correct, and upon his motion the reading of the Journal is dispensed
with and it stands approved as written.

The President extends the courtesies of the floor to Superior Court Judge
Edward B. Clark, a former member of this Body from Bladen County.

The President grants leave of absence to Senators V. White of Pitt and
Johnson for today.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Boger, for the Committee on Judiciary No. 2:

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license, with a favorable report, as amended.

By Senator Maxwell, for the Committee on Correctional Institutions and
Law Enforcement:

S. B. 244, a bill to authorize the transfer of county prisoners to the State
Department of Correction when county jail facilities are insufficient and
inadequate, and to authorize the Council of State to assist the counties in
paying the cost thereof in certain cases, with a favorable report.

By Senator Staton, for the Committee on Manufacturing, Labor and
Commerce :

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Evans: S. B. 319, a bill to authorize the State Board of
Education and local boards of education to engage in educational research
and special educational projects.

Referred to Committee on Education.

By Senator Evans: S. B. 320, a bill to provide for the allotment of
teachers by the State Board of Education.

Referred to Committee on Education.

By Senators Bailey, Coggins, James, Evans, Larkins, Norton, McGeachy,
Moore, Rauch, Ellis, Sapp, Reed, Harrington, Folger, Flaherty, Gurganus,
Kirby, Currie, Staton, Maxwell, Boger, Murrow, L. Warren of Wayne,
Burney, Penn and Briggs: S. B. 321, a bill relating to the length of time
the state fair in Raleigh shall run.

Referred to Committee on Agriculture.

By Senator Dent: S. B. 322, a bill to provide for the appointment of a
Veterans Service Officer of Mitchell County and to fix his compensation.

Referred to Committee on Local Government.

By Senator Rauch: S. B. 323, a bill amending Article 7 of Chapter 153
of the General Statutes to provide greater flexibility in the enforcement of
the minimum jail standards.

250 SENATE JOURNAL [Session

Referred to Committee on Correctional Institutions and Law Enforcement.

By Senator Rauch: S. B. 324, a bill to provide for the confinement of
persons convicted of crimes in the State Department of Correction while
awaiting judicial determinations of appeals.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 325, a bill amending General Statutes 131-126.7
so as to provide for certain detention facilities in public hospitals.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 326, a bill amending the General Statutes
relating to the hiring of prisoners in the Department of Correction for
work on city and county properties.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 327, a bill amending General Statutes 162-22
relating to fees paid to jailers for the care of prisoners placed in their
custody.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 328, a bill amending General Statutes 122.61
and General Statutes 122.36 to provide for the detention of certain mentally
ill and inebriate persons in public hospitals.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 329, a bill to establish a jail and detention
service within the office of the Attorney General of North Carolina.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 330, a bill to provide for the delivery of lists
of prisoners held in local jails to judges and solicitors before certain terms
of court.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 331, a bill amending Article 7 of Chapter 153 of
the General Statutes to provide for the separation of certain categories of
persons in local jails.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 332, a bill amending General Statutes 7-73.1
to provide that defendants confined in jail before trial be tried before
defendants not so confined.

Referred to Committee on Judiciary No. 1.

By Senator Rauch: S. B. 333, a bill amending Article 13 of Chapter 15
of the General Statutes to provide a change in venue for the trials of
certain persons.

Referred to Committee on Judiciary No. 2.

1969] SENATE JOURNAL 251

By Senator Rauch: S. B. 334, a bill amending General Statutes 14-335
to change the punishment of persons convicted of public drunkeness.

Referred to Committee on Judiciary No. 1.

By Senator Rauch: S. B. 335, a bill amending Chapter 153 of the
General Statutes to provide for the prohibition of houses of correction and
district prison farms.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 336, a bill amending Article 7 of Chapter 153
of the General Statutes to provide for the certification of local jails for
certain purposes.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

By Senator Rauch: S. B. 337, a bill to provide for uniform standards on
bail, summons and release on recognizance.

Referred to Committee on Judiciary No. 2.

By Senators Edwards, Bowles and Murrow: S. B. 338, a bill authorizing
the Greensboro City Board of Education to execute and deliver a quitclaim
deed for certain land.

Referred to Committee on Judiciary No. 2.

By Senator Bailey: S. B. 339, a bill to recodify and clarify Chapter 108
of the General Statutes of North Carolina entitled "Board of Public-
Welfare".

Referred to Committee on Public Welfare.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 221, a bill amending General Statutes 7A-196 relating to trials in
district court so as to provide for the transfer of criminal cases without
hearing in district court when the defendant demands a jury trial.

Referred to Committee on Courts and Judicial Districts.

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Johnston County.

Referred to Committee on Local Government.

H. B. 363, a bill to extend the time for incorporation of a municipal
corporation in Lincoln County.

Referred to Committee on Local Government.

H. B. 364, a bill to provide credit toward the satisfaction of the sentence
when the defendant is unable to secure his release on bail pending appeal.

Referred to Committee on Judiciary No. 1.

H. B. 377, a bill to amend Chapter 952 of the Session Laws of 1959
relating to water connections in the town of Havelock.

Referred to Committee on Local Government.

252 SENATE JOURNAL [Session

H. B. 372, a bill to allow petition by fifty per cent of the property owners
for street improvement in Lincolnton.

Referred to Committee on Local Government.

H. B. 423, a bill to reactivate the charter of the town of Arapahoe, and
to appoint the mayor and commissioners.

Referred to Committee on Local Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 325, a bill prohibiting the hunting of game animals with dogs
between March 1 and October 15 in Beaufort County.

Upon motion of Senator Moore the bill is re-referred to the Committee on
Wildlife.

The bill passes its third reading and is ordered enrolled.

H. B. 330, a bill to amend General Statutes 20-183.8 to allow thirty day
grace period for expired auto inspection certificates and to authorize one
way trip permits to allow uninspected vehicles to travel to nearby in-
spection stations, upon third reading.

The bill passes its third reading and is ordered enrolled.

S. B. 248, a bill authorizing boards of county commissioners to fix a
date for their regular monthly meetings other than first Mondays.

Upon motion of Senator J. White of Cleveland the bill is re-referred to
the Committee on Local Government.

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

Upon motion of Senator Poovey, action on the bill is postponed until
Wednesday, April 2, 1969.

S. B. 301, a bill to amend General Statutes 105-449 to provide an
exemption from the State gasoline tax of motor fuels used in non-profit,
non-public school transportation.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 50, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation.

Upon motion of Senator Penn, action on the bill is postponed until
Wednesday, April 2, 1969.

H. B. 52, a bill to allow the governing bodies of the several cities and
towns of the State to fix their own compensation, upon second reading.

The bill passes its second reading.

Upon objection of Senator Burney to its third reading, the bill remains
upon the Calendar.

1969] SENATE JOURNAL 253

Upon motion of Senator Ellis, the Senate adjourns in honor of the
memory of former President Dwight David Eisenhower, to meet tomorrow
at 12 M.

SIXTY-SEVENTH DAY

Senate Chamber,
Wednesday, April 2, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming', Senate Chaplain.

The President extends the courtesies of the galleries and the floor to
Mr. Archie K. Davis, Chairman of the Board of Directors of Wachovia
Bank and Trust Company, and a former Senator from Forsyth County.

Upon motion of Senator West, the President extends the courtesies of the
galleries to Mr. Walter F. Jackson, principal Chief of the Eastern Band
of the Cherokee Tribe, Cherokee.

The President grants leave of absence to Senator V. White of Pitt for
today.

Upon motion of Senator Patterson, S. B. 115, a bill providing the city of
Albemarle, North Carolina, alternative methods of assessing the cost of
extending water and sewer lines, is ordered recalled from the House of
Representatives for further consideration by the Senate.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Norton, for the Committee on Election Laws:
S. B. 65, a bill to amend Chapter 163 of the General Statutes so as to
permit voting precincts to include voters from one or more townships,
with an unfavorable report as to bill, favorable as to Committee Substitute
bill.

Upon motion of Senator Boger the Substitute bill is placed on today's
Calendar.

H. B. 309, a bill to amend General Statutes 163-151 relating to single

shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable

to Hoke County, with a favorable report.

By Senator Henley, for the Committee on State Government:

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for

numbered seats in the forty-first district of the House of Representatives,

with a favorable report.

254 SENATE JOURNAL [Session

S. B. 2, a bill to establish a system of youth councils that will provide
the youth of North Carolina an opportunity to develop leadership skills
and become responsible citizens, with an unfavorable report as to bill,
favorable as to Committee Substitute bill, as amended.

Upon motion of Senator Henley the Substitute bill is placed on today's
Calendar.

By Senator Bailey, for the Committee on Courts and Judicial Districts:

H. B. 291, a bill abolishing the salary of the constable of Henderson
township in Vance County, with a favorable report.

By Senator Edwards, for the Committee on Insurance:

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes
20-23.1, General Statutes 20-141.3(f), General Statutes 20-279. 13(c), General
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom
provisions relative to furnishing proof of financial responsibility, with a
favorable report.

H. B. 190, a bill relating to funeral and burial trust funds, with a
favorabel report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Sapp: S. B. 340, a bill amending Chapter 153, Section 9(43)
of the General Statutes of North Carolina, relating to a special tax for the
expenses of the office of County Accountant, Farm and Home Demonstra-
tion and the Veterans Service Officer.

Referred to Committee on Finance.

By Senators James and Larkins: S. J. R. 341, a joint resolution to urge
the opening of more diploma schools of nursing.

Referred to Committee on Public Health.

By Senators Kirby, Robinson and S. Warren of Sampson: S. B. 342, a
bill to amend Article 5, Chapter 105 of the General Statutes of North
Carolina to provide for the levy of a statewide uniform one percent (1%)
surtax upon the sales, use and other taxable transactions subject to the
sales and use tax levied for state purposes and to allocate the proceeds
of said surtax, one-half to the General Fund and one-half to the counties
and municipalities of North Carolina.

Referred to Committee on Finance.

By Senator Currie: S. B. 343, a bill to amend General Statutes 18-37
and 18-38 relating to the State Board of Alcoholic Control and the Director
of the Board.

Referred to Committee on Alcoholic Beverage Control.

By Senators Henley and McGeachy: S. B. 344, a bill to provide a supple-
mental retirement fund for firemen in the city of Fayetteville and to modify
the application of General Statutes 118-5, 118-6 and 118-7 to the city of
Fayetteville.

Referred to Committee on Local Government.

1969] SENATE JOURNAL 255

By Senators Henley and Bailey: S. B. 345, a bill to authorize the North
Carolina Board of Pharmacy to adopt a code of professional conduct for
the practice of pharmacy.

Referred to Committee on Public Health.

By Senator Scott: S. B. 346, a bill to provide for the codification and
printing of the Revenue Act, the same being Chapter 158 of the Public
Laws of 1939, as amended.

Referred to Committee on Finance.

By Senator Scott: S. B. 347, a bill to provide for the codification and
printing of the Machinery Act, the same being Chapter 310 of the Public
Laws of 1939, as amended.

Referred to Committee on Finance.

By Senators Bailey, L. Warren of Wayne and Harrington: S. B. 348, a
bill to revise and clarify the jurisdiction and procedures applicable to
children in the District Court.

Referred to Committee on Courts and Judicial Districts.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 5, a bill to make certain technical and clarifying amendments to
General Statutes Chapter 9, "Jurors", for concurrence in House amendment.

Upon motion of Senator Bailey the bill is placed upon the Calendar for
Monday, April 7, 1969.

H. B. 233, a bill to require special reflective devices to be displayed on
the rear of slow-moving vehicles such as farm tractors and implements of
husbandry operated on highways between sunset and sunrise.

Referred to Committee on Highway Safety.

H. J. R. 306, a joint resolution authorizing and directing the Legislative
Research Commission to study North Carolina's health manpower needs,
measures to inci-ease the supply, and means to accomplish indicated
changes in the health care system.

Referred to Committee on Public Health.

H. B. 366, a bill amending the charter of the city of New Bern in Craven
County.

Referred to Committee on Local Government.

H. B. 382, a bill to fix the compensation of the chairman and members
of the Charlotte-Mecklenburg Board of Education.

Referred to Committee on Local Government.

H. B. 378, a bill to appoint certain members of the board of education
of the respective counties of North Carolina and to fix their terms of office.

Referred to Committee on Education.

H. B. 400, a bill to amend General Statutes 153-48.3, relating to the
compensation of employees engaged in the county's ambulance service in
Pasquotank County.

256 SENATE JOURNAL [Session

Referred to Committee on Local Government.

H. B. 411, a bill to authorize Pasquotank County to enter into contracts
for a retirement system.

Referred to Committee on Local Government.

H. B. 419, a bill amending Chapter 456 of the 1965 Session Laws relating
to the salaries of certain officials of Pender County.

Referred to Committee on Local Government.

H. B. 425, a bill to authorize the governing body of the town of Red
Springs, North Carolina, to appoint a city manager and to prescribe his
powers and duties.

Referred to Committee on Local Government.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 52, a bill to allow the governing bodies of the several cities and
towns of the state to fix their own compensation, upon third reading.

The bill passes its third reading and is ordered enrolled.

S. J. R. 137, a joint resolution directing the Department of Motor Vehicles
to initiate, with the approval of the Governor, a system of semi-permanent
registration plates for motor vehicles in lieu of the annual plate system
now in effect.

Upon motion of Senator Kirby consideration of the bill is postponed until
Tuesday, April 8, 1969.

S. B. 244, a bill to authorize the transfer of county prisoners to the State
Department of Correction when county jail facilities are insufficient and
inadequate and to authorize the Council of State to assist the counties
in paying the cost thereof in certain cases.

Senator Bailey offers an amendment which is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

H. B. 50, a bill authorizing the board of county commissioners of the
several counties of the State to fix their compensation.

Passes its second and third readings and is ordered enrolled.

H. B. Ill, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

Upon motion of Senator Boger the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives for concurrence in the Senate amend-
ment.

S. B. 284, a bill to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

Upon motion of Senator Poovey consideration of the bill is postponed
indefinitely.

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen.

1969] SENATE JOURNAL 257

The bill passes its second reading.

Upon objection of Senator J. White of Cleveland to its third reading the
bill remains on the Calendar.

Committee Substitute for S. B. 2, a bill to establish a system of Youth
Councils that will provide the youth of North Carolina an opportunity to
develop leadership skills and become responsible citizens.

Upon motion of Senator Henley the Committee Substitute bill is adopted,
and the bill remains upon the Calendar.

Committee Substitute for S. B. 65, a bill to amend Chapter 163 of the
General Statutes so as to permit voting precincts to include voters from
one or more townships.

Upon motion of Senator Boger the Committee Substitute is adopted,
and the bill remains upon the Calendar.

Upon motion of Senator Bagnal, the Senate adjourns in honor of the
memory of former President Dwight David Eisenhower, to meet tomorrow
at 12 M.

SIXTY-EIGHTH DAY

Senate Chamber,
Thursday, April 3, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Charles W. Ward, Pastor of the First
Baptist Church, Wilmington Street, Raleigh, and former President of the
Raleigh Ministerial Association.

Upon motion of Senator Griffin, the President extends the courtesies of
the galleries to Mrs. Willis Liles and to Mrs. Thomas Riggan of Aurelian
Springs, the sister and niece of Senator Griffin, and Tommy Riggan is
made an honorary page of the Senate.

The President presents to the Senate Mr. Pete Fensel, President of the
North Carolina Azalea Festival. The President appoints Senator Burney
and his son, John J. Burney III, to escort Mr. Fensel and Miss Janet
Evans, the Teenage Azalea Princess, to the well of the Senate, where Mr.
Fensel extends to the Senate an invitation to attend the 22nd annual North
Carolina Azalea Festival, which will be held in Wilmington from April 10
through April 13.

The President grants leave of absence to Senator Bowles for today and
tomorrow, April 4, 1969.

The President grants leave of absence to Senators Wood and West for
tomorrow, April 4, 1969.

258 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

S. J. R. 207, a joint resolution establishing a Wake County Bicentennial
Commission.

H. J. R. 492, a joint resolution in commemoration of the life and passing
of Dwight David Eisenhower, Soldier, President, and revered citizen of
world history.

S. B. 71, an act reducing the term of office of the Asheville City Council
to two years.

S. B. 162, an act to authorize the Thomasville City Board of Education
to acquire certain land for a school site and to authorize purchase and
payment of same on an installment basis.

S. B. 209, an act to amend General Statutes 153-5 to provide for staggered
terms of office for the county commissioners of Onslow County.

S. B. 231, an act extending the jurisdiction of the police officers of the
city of Morganton in Burke County.

S. B. 232, an act to establish a supplementary pension fund for firemen
in the town of Elkin.

S. B. 241, an act authorizing the Wilkes County Board of Education to
convey certain real property.

H. B. 49, an act to authorize county boards of elections to conduct a new
registration of voters during the year 1969 pursuant to installing loose-
leaf registration as required by General Statutes 163-65.

H. B. 282, an act to eliminate the requirements that not less than two
members of the Board of Education of the Asheboro City Administrative
Unit reside in territory outside the city of Asheboro.

S. J. R. 315, a joint resolution honoring the life and memory of the
Honorable Dwight David Eisenhower, former President of the United
States.

S. J. R. 198, a joint resolution urging the vocation guidance, recruitment
and encouragement of students to enter premedical and medical education.

H. B. 381, an act to provide for the removal of unauthorized motor
vehicles from private parking lots in Wake and Robeson Counties.

S. B. 177, an act amending General Statutes 153-9(35%) and 153-9(35%)
relating to the authority of boards of county commissioners to expend
nontax and tax revenues for soil and water conservation so as to make
said statutes applicable to Caldwell County.

S. B. 215, an act to amend Chapter 163 of the General Statutes so as to
permit blind voters to select assistance without restriction.

S. B. 225, an act to amend General Statutes 153-10.1 to authorize the
board of county commissioners of Johnston County to regulate garbage
disposal.

1969] SENATE JOURNAL 259

S. B. 236, an act to provide a supplemental retirement fund for firemen
in the city of Clinton and to modify the application of General Statutes
118-5, 118-6, and 118-7 to the city of Clinton.

H. B. 30, an act to amend Chapter 105 of the General Statutes, relating
to income tax, so as to exclude from gross income certain local law en-
forcement officers' retirement benefits.

H. B. 330, an act to amend General Statutes 20-183.8 to allow thirty day
grace period for expired auto inspection certificates and to authorize one
way trip permits to allow uninspected vehicles to travel to nearby in-
spection stations.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Ellis, for the Committee on Judiciary No. 1:

S. B. 280, a bill amending General Statutes 55-67 (b) relating to the
voting of corporate stock, with a favorable report.

S. B. 317, a bill to amend General Statutes 122-65.8 so as to clarify the
intent of the original act in regard to the commitment of chronic alcoholics
by courts having jurisdiction over them to facilities of the Department of
Mental Health, with a favorable report.

H. B. 141, a bill relating to right of appeal in drainage district hearings,
with a favorable report.

By Senator MacLean, for the Committee on Agriculture:

S. B. 217, a bill to amend Chapter 81 of the General Statutes of North
Carolina to require labeling of containers of construction mortar mixes,
with an unfavorable report.

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 251, a bill relating to meetings of the board of county commis-
sioners, with an unfavorable report as to bill, favorable report as to Com-
mittee Substitute bill.

Upon motion of Senator J. White of Cleveland, the Committee Substitute
bill is placed upon today's Calendar.

S. B. 297, a bill to set the salary of the Buncombe County Board of Com-
missioners, with a favorable report, as amended.

S. B. 289, a bill to provide an election or referendum for a certain area
in Robeson County on the question of whether or not it shall be annexed
to the Lumberton City Administrative Unit and be subject to the school
taxes levied in the Lumberton City Administrative Unit if so annexed, with
a favorable report.

S. B. 306, a bill to amend Chapter 993, Session Laws of 1949, to make
more definite the outside boundaries of Pinehurst, Moore County, North
Carolina, with a favorable report.

S. B. 307, a bill to authorize the Greensboro City Board of Education and
the City of Greensboro to enter into contracts whereby the Board of Edu-

260 SENATE JOURNAL [Session

cation may furnish the city certain services in connection with the city's
recreation programs, with a favorable report.

S. B. 309, a bill to authorize the creation and organization of a housing
appeals board to which appeals may be taken from the decision of the
building inspector upon any provision of the housing code of the town of
Mount Airy in Surry County, with a favorable report.

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Johnston County, with a favorable report.

H. B. 363, a bill to extend the time for incorporation of a municipal
corporation in Lincoln County, with a favorable report.

H. B. 372, a bill to allow petition by fifty per cent of the property
owners for street improvement in Lincolnton, with a favorable report.

H. B. 423, a bill to re-activate the charter of the town of Arapahoe, and
to appoint the mayor and commissioners, with a favorable report.

By Senator Evans, for the Committee on Education:

S. B. 320, a bill to provide for the allotment of teachers by the State
Board of Education, with a favorable report.

H. B. 226, a bill to provide an election or referendum for certain areas
in Rockingham County on the question of whether or not they shall be
annexed to the Madison-Mayodan City Administrative Unit, with a favor-
able report.

S. B. 300, a bill to provide for the nomination and election of the
members of the board of education of Johnston County, with a favorable
report.

By Senator Moore, for the Committee on Wildlife:

S. B. 140, a bill to create the North Carolina Zoological Authority and
the North Carolina Zoo Site Commission, with a favorable report, as
amended.

H. B. 407, a bill to make General Statutes 68-38, relating to depredation
of domestic fowls, applicable in Wilkes County, with a favorable report.

H. B. 292, a bill to amend Chapter 215 of the Public-Local Laws of 1931,
relating to fox hunting in Hoke and other counties so as to exempt Hoke
County from the provisions of said act, with a favorable report.

H. B. 299, a bill relating to hunting from public roads in Duplin County,
with a favorable report.

By Senator James, for the Committee on Public Health:

S. B. 211, a bill pertaining to those persons who are eligible to instruct
persons studying to become registered nurses, with a favorable report, as
amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Dent: S. B. 349, a bill to amend Chapter 936, Session Laws
of 1963, to increase the membership of the board of county commissioners
of Buncombe County.

1969] SENATE JOURNAL 261

Referred to Committee on Local Government.

By Senators Murrow, Bowles, Bagnal, Allen, Poovey, Flaherty, Nielson,
Wilkie, Edwards and West: S. B. 350, a bill to amend the General Statutes
of North Carolina relating to the assignment of pupils and employees on
public school buses eo as to prohibit assignments in excess of the seating
capacity of the public school buses.

Referred to Committe on Highway Safety.

By Senator L. Warren of Wayne: S. B. 351, a bill to provide an
emergency appropriation from the General Fund for the purpose of
supplementing the appropriation to North Carolina State University at
Raleigh for the construction of a Nuclear Science and Engineering Research
Center.

Referred to Committee on Appropriations.

By Senator L. Warren of Wayne: S. B. 352, a bill to amend General
Statutes 115-166 by exempting from the General Compulsory Attendance
Law, upon certain conditions, a child afflicted by mental, emotional, or
physical incapacities.

Referred to Committee on Education.

By Senator L. Warren of Wayne: S. B. 353, a bill to rewrite General
Statutes 115-165 to establish an appeal procedure from the decision of a
county or city school superintendent to exclude a child from the public
schools.

Referred to Committee on Judiciary No. 1.

By Senator L. Warren of Wayne: S. B. 354, a bill to amend Chapter 105
of the General Statutes to extend the definition of "Educational Institu-
tions" to include foundations and others established for the sole benefit
of such educational institutions as are State (and subdivisions) institutions.

Referred to Committee on Finance.

By Senator L. Warren of Wayne: S. B. 355, a bill to amend General
Statutes 105-130.5 to eliminate capital gains tax to a corporation selling
assets under the twelve-month plan of liquidation as allowed by Section
337 of the Internal Revenue Code.

Referred to Committee on Finance.

By Senator L. Warren of Wayne: S. B. 356, a bill to amend General
Statutes 105-204 providing a credit to resident beneficiaries of foreign
trusts for foreign intangibles taxes paid.

Referred to Committee on Finance.

By Senator J. White of Cleveland: S. B. 357, a bill requiring the De-
partment of Agriculture to admit to the State Fair without charge all
children sixteen (16) years of age and under.

Referred to Committee on Agriculture.

By Senator Moore: S. B. 358, a bill to replace to the counties and
municipalities therein those tax funds lost as a result of the reduction and
elimination of the intangibles tax.

Referred to Committee on Appropriations.

By Senator Joyner: S. B. 359, a bill to redefine the corporate boundaries
of the city of Statesville so as to include within one description all the

262 SENATE JOURNAL [Session

area embraced within the corporate limits, including those several areas
incorporated by annexation, and certain property owned solely by the city.

Referred to Committee on Local Government.

By Senator James, by request: S. B. 360, a bill to exempt doctors in
certain counties from jury duty.

Referred to Committee on Courts and Judicial Districts.

By Senators Ellis and Boger: S. B. 361, a bill to make the discharging
of a firearm into an occupied dwelling a felony.

Referred to Committee on Judiciary No. 1.

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES

The following special message from the House of Representatives is
received:

House of Representatives,
Wednesday, April 2, 1969.

Mr. President :

Pursuant to your request, we are returning S. B. 115, "a bill to be entitled
an act providing the city of Albemarle, North Carolina, alternative methods
of assessing the cost of extending water and sewer lines", for further con-
sideration by your Honorable Body.

Respectfully,

Jo Ann Smith, Principal Clerk

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

S. B. 73, a bill to amend General Statutes 20-7(f) to permit a person
temporarily residing outside North Carolina to renew an operator's license
by mail, for concurrence in the House amendment.

Upon motion of Senator Wood, the Senate concurs in the House amend-
ment and the bill is ordered enrolled.

H. B. 251, a bill to clarify provisions of Chapter 20 of the General Statutes
concerning private and parochial school buses and school activity buses.

Referred to Committee on Education.

H. B. 405, a bill to amend General Statutes 118-20 so as to make the
State Personnel Act applicable to the Secretary of the North Carolina Fire-
men's Pension Fund.

Referred to Committee on Personnel and Employment Programs.

H. B. 412, a bill amending Chapter 552, Session Laws of 1957, the same
being the charter of the town of Jefferson, so as to extend the corporate
limits of said town.

1969] SENATE JOURNAL 263

Referred to Committee on Local Government.

H. B. 416, a bill appointing the members of the board of education of
Whiteville City School Administrative Unit.

Referred to Committee on Judiciary No. 2.

H. B. 453, a bill prohibiting the discharge of firearms on or across any
highway in Haywood County.

Referred to Committee on Wildlife.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

H. B. 291, a bill abolishing the salary of the constable of Henderson
Township in Vance County.

Passes its second and third readings and is ordered enrolled.

H. B. 309, a bill to amend General Statutes 163-151 relating to single
shot voting so as to make Section 3, Sub-Section (b) thereof inapplicable
to Hoke County.

Passes its second and third readings and is ordered enrolled.

H. B. 352, a bill to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen, upon third reading.

The bill passes its third reading and is ordered enrolled.

Upon motion of Senator Henley, the amendment offered by the Com-
mittee is adopted.

Senator Moore offers an amendment.

Senator Burney moves that the bill be re-referred to the Committee on
Appropriations.

Upon motion of Senator Rauch, consideration of the bill is postponed
until Tuesday, April 8, 1969.

Committee Substitute for S. B. 65, a bill to amend Chapter 163 of the
General Statutes so as to permit voting precincts to include voters from
one or more townships.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 142, a bill to amend General Statutes 20-17.1 (b), General Statutes
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom
provisions relative to furnishing proof of financial responsibility.

Passes its second and third readings and is ordered enrolled.

H. B. 190, a bill relating to funeral and burial trust funds.

Passes its second and third readings and is ordered enrolled.

H. B. 294, a bill to amend General Statutes 163-117 so as to provide for
numbered seats in the Forty-First District of the House of Representatives.

Passes its second and third readings and is ordered enrolled.

264 SENATE JOURNAL [Session

S. B. 251, a bill relating to meetings of the board of county commissioners.

Upon motion of Senator J. White of Cleveland, the Committee Substitute
bill is adopted.

Upon motion of Senator Bagnal, the Senate adjourns to meet tomorrow
morning at 10:00 o'clock.

SIXTY-NINTH DAY

Senate Chamber,
Friday, April 4, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Senator McGeachy for the Committee on Rules and Operation of the
Senate announces that the Journal of yesterday has been examined and
is found to be correct, and upon his motion the reading of the Journal is
dispensed with and it stands approved as written.

Upon motion of Senators Nielson and Bagnal, the President extends the
courtesies of the galleries to thirty-seven Girl Scouts from Troops 38 and
651 of Winston-Salem, and to their leader Mrs. A. W. Baker.

The President grants leave of absence to Senators V. White of Pitt, Ellis
and Johnson for today.

The President grants leave of absence to Senator Staton for Monday,
April 7, 1969.

ENROLLED bills

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. B. 50, an act authorizing the board of county commissioners of the
several counties of the State to fix their own compensation and allowances.

H. B. 52, an act to allow the governing boards of the several cities and
towns of the State to fix their own compensation and allowances and the
compensation and allowances of the mayor.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator J. White of Cleveland, for the Committee on Local Govern-
ment:

S. B. 292, a bill to amend Article 6A of Chapter 153 of the General
Statutes relating to the salaries of appointive and elective county officials
and employees so as to make it applicable to Wilson County, with a
favorable report.

1969] SENATE JOURNAL 265

S. B. 344, a bill to provide a supplemental retirement fund for firemen
in the city of Fayetteville and to modify the application of General
Statutes 118-5, 118-6 and 118-7 to the city of Fayetteville, with a favorable
report.

H. B. 366, a bill amending the charter of the city of New Bern in Craven
County, with a favorable report.

H. B. 382, a bill to fix the compensation of the chairman and members
of the Charlotte-Mecklenburg Board of Education, with a favorable report.

H. B. 400, a bill to amend General Statutes 153-48.3, relating to the
compensation of employees engaged in the county's ambulance service in
Pasquotank County, with a favorable report.

H. B. 411, a bill to authorize Pasquotank County to enter into contracts
for a retirement system, with a favorable report.

H. B. 425, a bill to authorize the governing body of the town of Red
Springs, North Carolina, to appoint a city manager and to prescribe his
powers and duties, with a favorable report.

By Senator Boger, for the Committee on Judiciary No. 2:

H. B. 416, a bill appointing the members of the Board of Education of
Whiteville City School Administrative Unit, with a favorable report, as
amended.

Upon motion of Senator Robinson the rules are suspended and the bill is
placed on today's Calendar.

By Senator L. Warren of Wayne, for the Committee on Appropriations:

S. B. 351, a bill to provide an emergency appropriation from the General
Fund for the purpose of supplementing the appropriation to North Carolina
State University at Raleigh for the construction of a Nuclear Science and
Engineering Research Center, with a favorable report.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Moore: S. B. 362, a bill to amend the Constitution of North
Carolina to require convening of extra sessions of the General Assembly
upon request of three-fifths of the members of each House.

Referred to Committee on Constitution.

By Senators Bagnal and Nielson: S. B. 363, a bill amending Chapter 296
of Public-Local Laws for the year 1939, as amended, to permit the invest-
ment of a maximum of fifty per cent (50<% ) of the assets of the Winston-
Salem employees retirement fund in common stocks.

Referred to Committee on Personnel and Employment Programs.

By Senator J. White of Cleveland: S. B. 364, a bill to provide for the
establishment of the Kings Mountain Lake Authority.

Referred to Committee on Local Government.

By Senators Boger, Henley and Poovey: S. J. R. 365, a joint resolution
to encourage the North Carolina State Board of Nursing and the schools
giving courses in practical nursing to give consideration to training suc-
cessfully completed by persons in registered nurses courses.

266 SENATE JOURNAL [Session

Referred to Committee on Public Health.

By Senator Scott: S. B. 366, a bill to provide special tax refunds to
senior citizens of North Carolina whose financial resources are limited.
Referred to Committee on Finance.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

H. B. 313, a bill to add two new members to the Greenville City Board
of Education and to provide that the City Council shall appoint members
to said Board of Education without any recommendation from such Board
of Education.

Referred to Committee on Education.

H. B. 329, a bill to provide for the election of the Hoke County Board
of Education.

Referred to Committee on Education.

H. B. 404, a bill to amend Chapter 118 of the General Statutes, relating
to the North Carolina Firemen's Pension Fund, so as to exclude from gross
income certain retirement benefits from the North Carolina Firemen's
Pension Fund.

Referred to Committee on Finance.

H. B. 438, a bill to amend General Statutes 115-126 so as to authorize the
Asheboro City Board of Education in Randolph County to lease school
facilities to the city of Asheboro for a term of twenty-five years.

Referred to Committee on Judiciary No. 2.

H. B. 502, a bill to increase the maximum number of members of school
committees to seven persons in Cumberland County.

Referred to Committee on Education.

H. B. 503, a bill appointing certain members of Fairmont City Board of
Education.

Referred to Committee on Education.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows:

The bill passes its second reading by roll call vote, ayes 41, noes 0, as
follows:

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Boger, Briggs, Bryan, Burney, Coggins, Currie, Dent, Edwards,
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, Joyner,

1969] SENATE JOURNAL 267

Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow, Nielson, Patterson,
Penn, Poovey, Rauch, Reed, Sapp, Saunders, Scott, Staton, S. Warren of
Sampson, L. Warren of Wayne, J. White of Cleveland, Wilkie, Wood — 41.

The bill remains upon the Calendar.

S. B. 297, a bill to set the salary of the Buncombe County Board of
Commissioners.

Upon motion of Senator Dent the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

S. B. 300, a bill to provide for the nomination and election of the members
of the Board of Education of Johnston County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 306, a bill to amend Chapter 993, Session Laws of 1949, to make
more definite the outside boundaries of Pinehurst, Moore County, North
Carolina.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 307, a bill to authorize the Greensboro City Board of Education
and the city of Greensboro to enter into contracts whereby the board of
education may furnish the city certain services in connection with the
city's recreation programs.

Passes its second and third readings and is ordered sent to the House of
Representatives.

S. B. 309, a bill to authorize the creation and organization of a Housing
Appeals Board to which appeals may be taken from the decision of the
building inspector upon any provision of the Housing Code of the town of
Mount Airy in Surry County.

Passes its second and third readings and is ordered sent to the House of
Representatives.

H. B. 226, a bill to provide an election or referendum for certain areas in
Rockingham County on the question of whether or not they shall be annexed
to the Madison-Mayodan City Administrative Unit.

Passes its second and third readings and is ordered enrolled.

H. B. 292, a bill to amend Chapter 215 of the Public-Local Laws of 1931,
relating to fox hunting in Hoke and other counties so as to exempt Hoke
County from the provisions of said Act.

Passes its second and third readings and is ordered enrolled.

H. B. 299, a bill relating to hunting from public roads in Duplin County.

Passes its second and third readings and is ordered enrolled.

H. B. 333, a bill to amend General Statutes 105-345, fixing discounts
for prepayment of taxes in Johnston County.

Passes its second and third readings and is ordered enrolled.

H. B. 363, a bill to extend the time for incorporation of a municipal
corporation in Lincoln County.

Passes its second and third readings and is ordered enrolled.

268 SENATE JOURNAL [Session

H. B. 372, a bill to allow petition by fifty per cent of the property owners
for street improvement in Lincolnton.

Passes its second and third readings and is ordered enrolled.

H. B. 407, a bill to make General Statutes 68-38, relating to depredation
of domestic fowls, applicable in Wilkes County.

Passes its second and third readings and is ordered enrolled.

H. B. 423, a bill to reactivate the charter of the town of Arapahoe, and
to appoint the mayor and commissioners.

Passes its second and third readings and is ordered enrolled.

S. B. 140, a bill to create the North Carolina Zoological Authority and
the North Carolina Zoo Site Selection Commission.

Upon motion of Senator Allsbrook the bill is re-referred to the Com-
mittee on Appropriations.

S. B. 211, a bill pertaining to those persons who are eligible to instruct
persons studying to become registered nurses.

Upon motion of Senator Henley the Committee amendment is adopted.

The bill, as amended, passes its second and third readings and is ordered
engrossed and sent to the House of Representatives.

Committee Substitute for S. B. 251, a bill relating to meetings of the
board of county commissioners.

The bill passes its second reading.

Upon objection of Senator Larkins to its third reading, the bill is placed
on the Calendar for Tuesday, April 8, 1969.

S. B. 280, a bill amending General Statutes 55-67(b) relating to the
voting of corporate stock.

The bill passes its second reading.

Upon objection of Senator Moore to its third reading, the bill is placed
on the Calendar for Tuesday, April 8, 1969.

The bill passes its second reading.

Upon objection of Senator Allsbrook to its third reading, the bill is
placed on the Calendar for Tuesday, April 8, 1969.

S. B. 320, a bill to provide for the allotment of teachers by the State
Board of Education.

Upon motion of Senator Evans consideration of the bill is postponed
until Thursday, April 10, 1969.

H. B. 141, a bill relating to right of appeal in drainage district hearings.
Passes its second and third readings and is ordered enrolled.
H. B. 416, a bill appointing the members of the Board of Education of
Whiteville City School Administrative Unit.

Upon motion of Senator Robinson the Committee amendment is adopted.

1969] SENATE JOURNAL 269

The bill, as amended, passes its second and third readings and is ordered
sent to the House of Representatives by special messenger for concurrence
in the Senate amendment.

Upon motion of Senator Boger, the Senate adjourns to meet tomorrow
morning at 9:30 o'clock, at which time only Public Local bills will be
considered, and adjournment will be until Monday evening at 8 o'clock.

SEVENTIETH DAY

Senate Chamber,
Saturday, April 5, 1969.

The Senate meets pursuant to adjournment, and in the absence of
Lieutenant Governor H. Patrick Taylor, Jr. and President Pro Tempore N.
Hector McGeachy, Jr., the Principal Clerk, Roy Rowe, calls Senator Coggins
to the Chair who calls the Senate to order and presides during the Session.

Prayer is offered by Senator Coggins.

Upon motion of Senator Bailey, the Senate adjourns to meet Monday
evening at 8 o'clock.

SEVENTY-FIRST DAY

Senate Chamber,
Monday, April 7, 1969.

The Senate meets pursuant to adjournment, and is called to order by
Lieutenant Governor H. Patrick Taylor, Jr.

Prayer is offered by the Reverend Russell B. Fleming, Senate Chaplain.

Upon motion of Senator S. Warren of Sampson, the President extends
the courtesies of the galleries to Mrs. Norris C. Reed, Jr., wife of Senator
Reed of Craven County, and to Mrs. Dorothy R. Thompson of Palo Alto,
California and Mrs. Margaret Baxter, the sister and secretary, respectively,
of Senator Reed.

Upon motion of Senator Kirby, the President extends the courtesies of
the galleries to Mrs. Charles H. Larkins, Jr., wife of Senator Larkins of
Lenoir County.

The President grants leave of absence to Senators Boger and Dent for
tonight, and to Senator MacLean for tonight, and tomorrow, April 8, 1969.

270 SENATE JOURNAL [Session

ENROLLED BILLS

The Enrolling Clerk reports the following bills and resolutions properly
enrolled, and they are duly ratified and sent to the office of the Secretary of
State:

H. B. Ill, an act to amend General Statutes 20-20 to clarify the same
relative to a chauffeur's license.

S. B. 73, an act to amend General Statutes 20-7 (f) to permit a person
temporarily residing outside North Carolina to renew an operator's license
by mail.

S. B. 167, an act rewriting General Statutes 106-564.3 relating to assess-
ments on cattle so as to provide for assessments on all cattle sold.

S. B. 245, an act to amend Chapter 134 of the Session Laws of 1967
relating to vacancies occurring on the Board of Trustees of the Sanford
Graded School District.

H. B. 142, an act to amend General Statutes 20-17.1 (b), General Statutes
20-23.1, General Statutes 20-141.3 (f), General Statutes 20-279.13 (c), General
Statutes 20-279.14 and General Statutes 20-279. 16(b), to remove therefrom
provisions relative to furnishing proof of financial responsibility.

H. B. 190, an act relating to funeral and burial trust funds.

H. B. 291, an act abolishing the salary of the constable of Henderson
Township in Vance County.

H. B. 294, an act to amend General Statutes 163-117 so as to provide for
numbered seats in the forty-first district of the House of Representatives.

H. B. 407, an act to make General Statutes 68-38, relating to depredation
of domestic fowls, applicable in Wilkes County.

H. B. 423, an act to reactivate the charter of the town of Arapahoe, and
to appoint the mayor and commissioners.

H. B. 416, an act appointing the members of the board of education of
Whiteville City School Administrative Unit.

S. B. 224, an act authorizing Johnston County to levy special purpose
taxes for certain purposes.

S. B. 243, an act pertaining to the salaries of the sheriff and register of
deeds of Cherokee County.

S. B. 250, an act to amend Chapter 684 of the Session Laws of 1947
relating to the charter of the city of Kings Mountain.

H. B. 309, an act to amend General Statutes 163-151 relating to single
shot voting so as to make Section 3, Subsection (b) thereof inapplicable
to Hoke County.

H. B. 352, an act to amend Chapter 93A of the General Statutes relating
to real estate brokers and salesmen.

H. B. 141, an act relating to right of appeal in drainage district hearings.

H. B. 226, an act to provide an election or referendum for certain areas
in Rockingham County on the question of whether or not they shall be
annexed to the Madison-Mayodan City Administrative Unit.

H. B. 292, an act to amend Chapter 215 of the Public-Local Laws of 1931,
relating to fox hunting in Hoke and other counties so as to exempt Hoke
County from the provisions of said Act.

1969] SENATE JOURNAL 271

H. B. 299, an act relating- to hunting from public roads in Duplin County.

H. B. 333, an act to amend General Statutes 105-345, fixing discounts for
prepayment of taxes in Johnston County.

H. B. 363, an act to extend the time for incorporation of a municipal
corporation in Lincoln County.

H. B. 372, an act to allow petition by fifty percent of the property owners
for street improvement in Lincolnton.

REPORTS OF COMMITTEES

Bills and resolutions are reported from standing committees, read by
their titles, together with the reports accompanying them, and take their
place on the Calendar, as follows:

By Senator Wood, for the Committee on Highway Safety:

S. B. 193, a bill to amend General Statutes 20-28 to provide for the
seizure of a motor vehicle being operated by a person whose license is in
a state of suspension or revocation, with an unfavorable report as to bill,
favorable as to Committee substitute bill.

Upon motion of Senator Wood the substitute bill is placed on today's
Calendar.

Committee Substitute for S. B. 218, a bill to require motor vehicles to be
equipped with safe tires, with a favorable report, as amended.

INTRODUCTION OF BILLS AND RESOLUTIONS

Bills and resolutions are introduced, read the first time, and disposed of
as follows:

By Senator Kirby: S. J. R. 367, a joint resolution providing for the
appointment of a Legislative Study Commission on Student Financial Aid.

Referred to Committee on Higher Education.

By Senator Sapp: S. B. 368, a bill authorizing the trustees of Rowan
Technical Institute to convey real estate to Rowan County.

Referred to Committee on Judiciary No. 2.

By Senator James: S. B. 369, a bill to permit operation of training
schools for nurses in 75-bed hospitals.

Referred to Committee on Public Health.

By Senator Folger: S. B. 370, a bill to amend General Statutes 15-47
so as to authorize the custodian of a prisoner to have bail fixed.

Referred to Committee on Judiciary No. 2.

By Senators Moore and J. White of Cleveland: S. B. 371, a bill to prohibit
members of the General Assembly from serving on boards of trustees of
State supported colleges and universities.

Referred to Committee on Higher Education.

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

A message is received from the House of Representatives, transmitting
the following bills and resolutions, which are read the first time and
disposed of, as follows:

272 SENATE JOURNAL [Session

H. B. 178, a bill authorizing the board of commissioners for the county
of Transylvania to fix the fees to be paid to the jailer for said County.

Referred to Committee on Local Government.

H. B. 343, a bill to direct the board of county commissioners of Ruther-
ford County to invest the care, custody and control of the county jail in
the sheriff of the county.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

H. B. 268, a bill to provide for the broadcasting of certain public notices.

Referred to Committee on Judiciary No. 1.

H. B. 344, a bill to direct the board of county commissioners of Polk
County to invest the care, custody and control of the county jail in the
sheriff of the county.

Referred to Committee on Correctional Institutions and Law Enforce-
ment.

H. B. 424, a bill to amend the charter of the city of Hickory to provide
for the appointment of a special registration commissioner for city elections.

Referred to Committee on Local Government.

H. B. 443, a bill to change the style of the town of Raeford to the city of
Raeford and to change the name of the board of commissioners to the
city council.

Referred to Committee on Local Government.

H. B. 444, a bill to include Cumberland in the provisions for removal and
disposal of trash and in the provisions regarding special assessments for
water and sewer facilities.

Referred to Committee on Local Government.

H. B. 448, a bill fixing the compensation of the sheriff, auditor and
register of deeds of New Hanover County.

Referred to Committee on Local Government.

H. B. 455, a bill to repeal the charter of the town of West Bladenboro.

Referred to Committee on Local Government.

H. B. 457, a bill to repeal Chapter 355 of the Public-Local Laws of 1941
relating to elections in the town of Aurora.

Referred to Committee on Election Laws.

H. B. 458, a bill to make Chapter 504 of the Session Laws of 1965,
relating to historic buildings and sites, applicable to the city of Wilmington.

Referred to Committee on Local Government.

H. B. 462, a bill to fix the salary of the register of deeds of Haywood
County.

Referred to Committee on Local Government.

H. B. 463, a bill to amend the charter of the town of Forest City,
Chapter 2 of the Private Laws of 1925.

Referred to Committee on Local Government.

H. B. 540, a bill to amend General Statutes 160-70 so as to clarify the
status of county and municipal library employees.

1969] SENATE JOURNAL 273

Referred to Committee on Libraries.

CALENDAR

Bills and resolutions on the Calendar are taken up and disposed of as
follows :

The bill passes its third reading by roll call vote, ayes 45, noes 0, as
follows :

Those voting in the affirmative are: Senators Allen, Allsbrook, Bagnal,
Bailey, Bowles, Briggs, Bryan, Burney, Coggins, Currie, Edwards, Ellis,
Evans, Flaherty, Folger, Griffin, Gurganus, Harrington, Henley, James,
Johnson, Joyner, Kirby, Larkins, Maxwell, McGeachy, Moore, Murrow,
Nielson, Norton, Patterson, Penn, Poovey, Rauch, Reed, Robinson, Sapp,
Saunders, Scott, S. Warren of Sampson, West, J. White of Cleveland, V.
White of Pitt, Wilkie, Wood— 45.

The bill is ordered sent to the House of Representatives.

S. B. 344, a bill to provide a supplemental retirement fund for firemen
in the city of Fayetteville and to modify the application of General Statutes
118-5, 118-6 and 118-7 to the city of Fayetteville, upon second reading.

The bill passes its second reading by roll call vote, ayes 45, noes 0, as
follows:

The bill remains on the Calendar.

H. B. 366, a bill amending the charter of the city of New Bern in Craven
County, upon second reading.

The bill passes its second reading by roll call vote, ayes 45, noes 0, as
follows:

The bill remains on the Calendar.

H. B. 382, a bill to fix the compensation of the chairman and members
of the Charlotte-Mecklenburg Board of Education.

274 SENATE JOURNAL [Session